13% say they’ve been to parties where there’s been “inappropriate” sexual behavior

NEW YORK, NY (December 12, 2001) – Just as companies are putting finishing touches on their holiday celebrations comes the findings of a new, national public opinion survey revealing that the majority of Americans believe that employers should closely regulate parties but not be held legally responsible for the behavior of their employees. That finding, as well as the disclosure that a relatively small number of workplace parties have been either scaled back or eliminated in the aftermath of the events of September 11, are among the results of the latest “America At Work” poll conducted by the Employment Law Alliance (ELA).

Stephen J. Hirschfeld, Esq., CEO of the ELA and senior partner at Curiale, Dellaverson, Hirschfeld, Kraemer & Sloan, LLP, said the strong belief that employers should regulate holiday social functions – even those held off-site -- but not be held responsible for the actions of their workers even where there’s inappropriate sexual conduct or the use of alcohol and drugs – is at odds with the view of legal authorities and recent jury verdicts.

“Juries are much less sympathetic to employers than the American people based on our findings,” commented Hirschfeld. “Holiday office parties have been the source of countless major sexual harassment cases, wrongful death actions, and other litigation, “ he said. “We know from vast experience in this area that most managers mistakenly believe that because many parties are held away from the workplace, where attendance is voluntary and uncompensated, that they’re somehow immune from liability.”

Hirschfeld, who is based in San Francisco but is in New York this week conducting employer training, including last-minute counsel on avoiding holiday-party problems, said the major findings of the “America At Work” poll of 1,000 adults were:

• 58% said that employers should closely regulate holiday office parties including behavior of the partygoers and the use of alcohol and drugs even if they take place off site.
• 65% believe that employers should not be held responsible for the actions of their employees at a holiday party even if it is held off site.
• When surveyed on their own personal experiences, 43% said that they have been to an employer-sponsored holiday party at which there was drunkenness or drug use.
• 13% said they had been to an employer sponsored holiday party at which there was what they would consider inappropriate sexual behavior.
• And, asked about holiday party plans in the aftermath of September 11, 76% said that their organization had neither eliminated nor scaled back on this year’s holiday celebration because of the tragedy.

“If your office holiday party is this weekend, and you don’t have a policy regarding conduct at a company-sponsored event, it’s not too late,” said Hirschfeld. Here are some tried and true tips to follow:

• Make sure spouses or partners are invited since their presence has a “leveling effect” on conduct
• Issue a notice that company policies regarding sexual harassment and discrimination extend to parties, even off premises
• Instruct supervisors that they are to set an example at company social functions and, yes, assume the role of “adult supervision”, by monitoring behavior at the event
• If alcohol is served, provide for designated drivers or taxi vouchers

“This is clearly an area where by using a combination of common sense and sound legal judgment an employer can avoid legal headaches and quite possibly save lives,” he added.

Dr. Theodore Reed, study director and a partner in Reed, Haldy, McIntosh & Associates, of Media, Pennsylvania, said, “It’s clear from these findings that the vast majority of American workplaces are attempting to return to normal in the aftermath of September 11th as indicated by the fact that more than three quarters of those surveyed said they have not altered their party plans in light of the tragedy.”

The Employment Law Alliance is an integrated, global practice network comprised of more than 75 premier, independent attorneys from firms distinguished for their practice in employment and labor law. There are members in every jurisdiction in the United States and more than 40 countries around the world.