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Why do sexual
harassment claims spike in January? Because
the holiday office party is often seen as a
"no fault zone" for improper
behavior which leads to alcohol fueled
incidents that injure both employees and
companies.
"The
corporate holiday party is a classic breeding
ground for bad behavior that may cost a
company time, money and valuable
employees," said Randall Gold, an
attorney with a Wisconsin law firm, Fox &
Fox, concentrating in sexual harassment and
employment discrimination. "I have seen
cases that came from employees thinking that
anything goes because it's the holiday season.
It is critical that both employees and
employers realize that the same rules
governing harassment during normal business
hours apply at the holiday party," he
adds.
In order to
make the office holiday party a truly festive
occasion without a morning after harassment
headache, Gold offers this advice:
For
employers, he recommends going into the party
knowing clearly what constitutes improper
activity and what does not, this may mean
reviewing standard office procedures before
the party. "According to Title VII even a
single incident can be considered an
actionable event," said Gold. "This
is heightened when actions are exacerbated
with alcohol. Beware of touching, be sensitive
about employee's feelings and make sure to
observe the same protocols you would have at
the office," he added.
In addition,
he warned about interactions between employees
and company clients that are in attendance at
the party. "If a client makes
inappropriate and unwarranted advances towards
an employee your company may be liable in any
impending suits, especially if that employee
had been pressured to 'take care' of the
client or 'keep them happy'," said Gold.
If
questionable activities do take place at the
party, Gold recommends that the victim report
the incident immediately. "Follow
standard office procedures and note and report
the incident to HR immediately. If you have
witnesses make sure that you confirm
everything with them. Be as specific as
possible," said Gold.
Employees
also have to be careful about how they treat
spouses or guests of their co-workers. While
an advance on a coworker's guest does not
constitute harassment, it is grounds for
disciplinary action or even termination from
your employer.
Monday
morning is as important as the party, wared
Gold. "There are a lot of instances where
some innocent flirting at a party leads one
person to believe the other is interested
which could open the door to future harassment
at the office," he said. To avoid this he
recommends being open and honest about what
happened at the party and dispel any rumors to
the contrary.
The number
one rule here, according to Gold is that the
same rules still apply. The last thing any
employee or employer wants to find is coal in
their stockings the morning after the party.
(article
taken from Insurance Journal)
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