The whole world is taking disciplinary action against sexual harassment in the workplace. Even though most of us understand good and inappropriate conduct in the workplace, it is unclear whether such rules apply at holiday parties or not.
Company holidays are popular for various reasons. An employer might throw to show appreciation for their employees and clients, creating a more substantial company camaraderie, or simply celebrate a successful year. Even though such parties are conducted with good intentions, the presence of alcohol and a relaxed atmosphere can make the company holiday parties responsible for sexual misconduct. If you have faced sexual misconduct in your workplace, contact an Austin sexual harassment attorney.
Can holiday party sexual misconduct be considered to be sexual harassment in the workplace?
This article will discuss how sexual misconduct during company holidays can be considered workplace sexual harassment. We will explain the factors the court looks for to determine if the employer is accountable so you can understand the legal action before contacting an attorney.
When it is about sexual misconduct in the workplace, anything like inappropriate touching to unwelcome sexual advances or innuendo can be considered sexual harassment. Sexual misconduct by a guest, client, employee, or executive can leave the company accountable for a sexual harassment suit.
The law will look for the following factors to know if the employer is responsible for misconduct during a holiday part. First, the location and the time play a vital role in the liability of the employer. If the holiday were conducted on company property and during work time, you would have a strong case of sexual harassment. The employer would still be deemed responsible if the party was outside company property.
Similarly, serving alcohol impact the company’s liability for its workers’ behavior. If an employee gets drunk at a company event and commits sexual harassment, the employer will be held liable for the employee’s actions. Alcohol is blamed for creating a libertine atmosphere that promotes sexual harassment, and due to it, many employers have decided not to serve alcohol at workplaces. A survey has found that 11% of the surveyed employers did not host a party. While those who hosted, 49% planned to serve alcohol–which was 62% the previous year.
For those who have been a victim of sexual harassment at the company holiday party, it is essential to have the proper legal representation. Various factors can impact such claims, and hiring a knowledgeable attorney to defend the case has an effective role in the case.