December 12, 2001 - At this time of year, employers are busy making plans for their annual holiday parties. As they wrap up the details, a newly released national public opinion survey reveals that the majority of Americans believe that employers should closely regulate parties, but at the same time not be held legally liable for the behavior of their employees. The finding, along with the disclosure that very few workplace parties have either been scaled back or eliminated in the aftermath of the events surrounding September 11, are among the results of the latest "America at Work" poll conducted by the Employment Law Alliance (ELA).

Patrick J. McCarthy, Partner with Pitney, Hardin, Kipp & Szuch LLP and member of the ELA said that the premise that employers should control holiday functions, but not be held accountable for the actions of their workers even if there are off-color jokes, sexual advances or excessive drinking, conflicts with a number of legal issues.
    
"Holiday parties may lead to a number of legal pitfalls, including sexual harassment, fistfights that may lead to injuries, and other types of litigation," he noted. "Even if the function is held off site, employers need to remember that they are still responsible, and not immune from liability."

The major findings of the "America At Work" poll of 1,000 working adults revealed the following:

• 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 experience, 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. 
• When 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.

• Make sure spouses or partners are included in the invite since their presence has a "leveling effect" on conduct. 
• Educate personnel about No Harassment, No Retaliation and Equal Employment Opportunity policies. 
• If alcohol is served, arrange for designated drivers, reduced cab fares or hotel room rates. 
• Provide ample food and entertainment to prevent drinking from becoming the focus of the party. 
• Designate a responsible person (preferably a manager) who will refrain from consuming alcohol and "monitor" the party.