Insight Performance

HR. Solved.

MINIMIZE RISK. REDUCE COSTS. INCREASE PROFITABILITY. That’s HR.Solved.SM
  • Home
  • About
    • Meet our Expert Team of HR & Benefits Specialists
    • Why Choose Insight for Your HR & Benefits Solutions
    • In The News
      • Awards
      • Press Releases
    • Career Opportunities
  • HR Services
    • HR. Solved. Subscription Service
    • Managed HR Consulting
    • HR & Employee Benefits Projects
      • Compliance
      • Compensation & Rewards Strategies
      • Employee Relations
      • Talent Management
      • Recruiting
  • Benefits Services
    • Employee Benefits
      • Benefits
      • Benchmarking
      • HRA/HSA/FSA Comparison
      • Open Enrollment Communication and Education
      • Wellness Programs
    • Group Products
      • Health
      • Dental and Vision
      • Life and AD&D
      • Disability
      • Voluntary Worksite Benefits
    • Executive Benefits
      • Supplemental Disability
      • Key Person Insurance
      • Buy/Sell Agreements
    • Health & Welfare Compliance
      • HIPAA Compliance
      • ERISA Compliance
      • Affordable Care Act
      • Required Employee Notices
      • 2017 HR & Benefits Compliance Checklist
  • Integrated Solutions
    • Engage Insight Performance
  • Resources
    • Blog
    • Podcasts
    • Events
      • Conference Series
      • Conference Series Videos
      • 2019 Webinar Schedule
      • Archived Webinars
        • 2018 Webinar Recordings
        • Human Resources Webinar Schedule – 2017
    • Infographics
  • Contact
  • Client Login

Where does Sexual Harassment Law and Holiday Parties Intersect?

December 7, 2010

Holiday parties are the time when many employees “let their hair down,” have a few drinks and interact in a way that they wouldn’t normally in the office.  Do the rules that govern behavior during normal office hours apply when employees are off the clock?  What about a party off-site at a neutral location, such as a hotel or restaurant?   There’s a common misconception that if the behavior doesn’t happen in the workplace or during business hours, it isn’t harassment.

WRONG!

While the behavior might have occurred after hours or off-site, the alleged victim may return to work feeling as if there is now a hostile work environment, as defined under harassment law.  A hostile environment is created any time an individual feels intimidated or uncomfortable enough that it interferes with their job performance.  Take, for example, Susie whose manager had a few too many at the company holiday party and tried to kiss Susie as they walked to their cars together.   The next day Susie returned to work but is uncomfortable around her manager.  She is worried he’s going to corner her about what happened, or worse yet, make another pass at her.  She’s also concerned that her co-workers may have seen what happened and assumed she was “trying to get ahead,” so she’s feeling like everyone is looking at her differently.  All this is making Susie uncomfortable and it is extremely difficult for her to concentrate on her work.  If the situation were to get really bad, it could be considered hostile work environment harassment – all stemming from a little fun at a holiday party.

As you celebrate this holiday season, keep in mind Sexual Harassment law:

  • Behavior that occurs off-site or after-hours can be considered in a harassment case;
  • Harassment is determined through the eyes of the alleged victim;
  • It’s the impact a behavior has and not the intent that is considered in harassment; so although you may not have intended to offend someone, if they were offended, it could be considered harassment.

Have fun, but be respectful and safe!

Print Friendly, PDF & Email
Share

Insight Performance Engage Center

Insight’s Educational Conference Series

Interested in attending Insight’s Educational Conference Series?

Tags

401k Plans candidate career development compensated breaks Compensation Compliance cost efficient Employee Benefits employee communication employee feedback employee handbook employee incentive plan employee morale employee orientation Employee Policies Employee Practices employee productivity employee recognition employee retention employee rewards employee wellness employ rewards & recognition goal setting HR Consulting HR metrics HR Policies HR Strategy interviewing manager training maternity leave new hire orientation nursing mothers Performance Management policies & procedures recruiting Retirement Plans seminar sexual harassment sick leave Social Media State Minimum Wage teambuilding training & development work life balance workplace safety

Insight Performance

150 Royall Street, Suite 207
Canton, MA 02021

152 Conant Street, 2nd Floor
Beverly, MA 01915

HR Solved

Monthly HR Subscription Service ensuring compliance and building exceptional workplaces.

HR Solved

Business and Human Resources 2017 Outlook Survey

Business and Human Resources 2017 Outlook Survey

Insight’s Educational Conference Series

Interested in attending Insight’s Educational Conference Series?

Our Most Recent Posts

August 2019 Newsletter | MA Paid Leave: Private Exemptions are a Real Option

August Client Alert | New York State Updates to Harassment and Discrimination Law

Top 10 Tips for a Great Internship

Search This Website

Find Us On

Visit Us On TwitterVisit Us On FacebookVisit Us On Linkedin

Sign Up for Our Newsletter

Copyright © 2022 · Insight Performance · Privacy Policy