Can Sexual Harassment Occur at a Holiday Office Party?

 Posted on November 14, 2024 in Sexual Harassment

While most of us are generally more aware of sexual harassment in the workplace and have a solid understanding of what is acceptable and not acceptable, behavior at holiday parties is less clear. The holiday season is almost here, and many look forward to fun and relaxation at the company holiday office party.

While the intentions of holiday office parties are usually good, the presence of alcohol in a relaxed atmosphere can lead to sexual misconduct. The question then arises as to whether sexual misconduct at a holiday office party is considered workplace sexual harassment. If you were sexually harassed at a holiday office party, speak to a knowledgeable Wheaton, IL sexual harassment lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.

What Are Some Types of Sexual Misconduct Often Seen at Holiday Office Parties?

While any number of things can happen at a holiday office party that rises to the level of sexual misconduct, consider the following:

• One employee touches another employee in an unwanted sexual manner.

• A manager or owner of the company touches an employee in an unwanted sexual manner.

• A person in the company makes inappropriate sexual gestures to an employee during a holiday party.

• Sexually inappropriate jokes are made in a speech at the company holiday office party.

• An employer or another employee provides sexually explicit gifts for the company gift exchange.

How Do You Know Whether Sexual Misconduct Can Be Considered Sexual Harassment?

Many holiday office parties are held offsite, during non-working hours, while others are held in the office. Even though alcohol can diminish inhibitions among those attending the holiday party, it is important to let everyone know that anti-discrimination, anti-harassment, and sexual harassment policies remain in full force.

An employer can be held liable for a sexual harassment claim even if the harassment occurred offsite, during non-working hours, at a holiday office party. Employees should be reminded of workplace policies before the holiday party and should report sexual harassment to a manager, supervisor, or human resource employee as soon as practicable. It is important to remember that claiming an off-color remark was a "joke" is not a defense to sexual harassment.

When facing sexual harassment claims, supervisors often assert they were joking after doing something like buying a sexually explicit holiday gift for an employee. In today’s world, it is assumed that every adult understands there are lines that should not be crossed in the workplace – even at a holiday office party – and if a line is crossed, claiming it was a joke will not negate the fallout from a sexual harassment claim.   

Quid Pro Quo Sexual Harassment at the Holiday Office Party

An employee can be made to feel as though he or she must suffer through sexual harassment or experience adverse employment consequences. Those consequences could be a demotion, denial of a promised promotion, firing, denial of a raise in pay, being given an undesirable shift at work, or any other denial of earned benefits.

For example, a supervisor could sexually assault an employee at the holiday office party, then tell the employee that if she or she reports the assault, the promotion promised will not come through. This is known as quid pro quo sexual harassment.

Contact a DuPage County, IL Sexual Harassment Lawyer

If you have experienced sexual harassment at a holiday office party, it is important that you speak to an experienced Wheaton, IL, sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. Our attorneys will carefully listen to the facts and circumstances of your harassment, helping you determine your options and what you need to do to protect your rights and your future. MKFM Law will treat you with the respect you deserve while fighting for you every step of the way. Call 630-665-7300 to schedule an initial attorney meeting.