Employers of all types are required to provide a workspace that is free of sexual harassment and other forms of gender-based discrimination. What many employers and employees alike do not know is that this requirement extends to any events hosted by the company like holiday parties. If you are sexually harassed at an office holiday party and your employer does not properly address the situation, it might be time to call an employment law attorney.
Types of Sexual Harassment in Office Parties
A holiday party, no matter how casual or fun it seems, is still a company-sponsored event. Therefore, it is the company’s responsibility to make sure that everyone behaves appropriately. The problem is that the combination of alcohol and levity in the office can cause people to lower their inhibitions and forget to act professionally.
Common problematic behaviors at holiday parties include:
- Unwanted physical contact
- Unwelcome sexual advances or propositions
- Offensive jokes or comments about sex, gender, or sexual preference
- Abuse of power where senior employees behave inappropriately toward those in junior positions
For example, a seemingly "innocent" comment about someone's attire could cause serious discomfort or even professional damage. Similarly, a situation where someone feels pressured to engage in physical contact, like a hug or a kiss under the mistletoe, can easily cross the boundaries of respect.
Does Location Matter? Off-Site Parties & Workplace Harassment
One common misconception is that an incident occurring at a holiday party held off-site or outside regular work hours is separate from workplace issues. The truth is that, whether hosted in the office, at a rented venue, or even at an employee's home, a holiday party organized and sponsored by the company is considered an extension of the workplace.
If inappropriate behavior like sexual harassment occurs at such an event, it still falls under the umbrella of workplace harassment. In other words, sexual harassment outside the office is still work-related sexual harassment.
For example, if an employee makes unwelcome advances toward a colleague over drinks at a company-hosted holiday party at a local bar, the company is still expected to provide a safe environment and address the incident. Even when attendance is optional, the expectation is clear—company-sponsored activities must meet the same standards of professionalism as the office itself.
Impact of Sexual Harassment on Employees & Company Culture
Sexual harassment or discrimination during a holiday party doesn’t just affect the person who was harassed—it ripples across the entire organization. Employees who are targeted may feel distressed, humiliated, or unsafe, leading to dips in morale, decreased job satisfaction, and professional insecurity. Of course, if the incident is severe enough, the harassed employee may be justified in seeking legal action against the employer. If an employer wants to keep a positive company culture and stay out of legal trouble, it needs to take steps to stop and address any sexual harassment during holiday parties, including those that happen outside of the office.
What Can Your Employer Do to Prevent Holiday Party Harassment?
Addressing potential risks at holiday parties requires proactive planning. A well-thought-out approach before, during, and after the event can minimize the chances of misconduct and help employees enjoy themselves.
Steps that an employer can take to prevent sexual harassment at holiday parties include:
- Establish clear policies and expectations: Share company guidelines on harassment and appropriate behavior in advance. Explain that the same workplace policies apply to the party.
- Reiterate accountability: Remind employees that everyone is responsible for creating a safe environment for others.
- Limit alcohol consumption: Use drink vouchers or a cash bar to discourage overindulgence.
- Create a clear reporting process: Employees should be able to confidentially share concerns or incidents.
- Take immediate action: Address complaints immediately and enforce consequences when necessary.
If your employer did not take any proactive steps to keep the holiday party free from sexual harassment and other workplace inappropriate behaviors, it could be a sign of serious employer negligence. Keep records of any internal communications you received about the holiday party, too, which an employment law attorney can review later if you decide to take legal action.
Talk to a Sexual Harassment Lawyer in Your Area
If you are sexually harassed at a holiday party hosted by your employer, whether it is in the office or located somewhere else like a bar or venue, you should consider what legal options might be available to you. Not all incidents of sexual harassment will justify legal action, but you shouldn’t assume. Find out for certain by speaking with an attorney in your area.
Phillips & Associates, PLLC is a leading and trusted name in discrimination lawsuits filed for workers from all industries. We have offices in New Jersey, Florida, and throughout New York. To speak with an employment law attorney about sexual harassment that occurred during a holiday party, call (866) 229-9441 to find the law office nearest you. We offer free and confidential initial consultations to potential clients.