Monday, December 12, 2001

Poll Reveals That Americans Think Bosses Should Regulate Holiday Parties, But Not be Held Responsible for Employee Behavior

13 percent say they've been to parties where there's been
"inappropriate" sexual behavior

Atlanta, Dec. 12, 2001 - Just as companies are putting finishing touches on their holiday celebrations, the findings of a new national public-opinion survey reveal 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 Sept. 11, are among the results of the latest "America At Work" poll conducted by the Employment Law Alliance (ELA).

Charles T. Huddleston, chair of the Employment Law Practice Group at Atlanta law firm Arnall Golden Gregory, Georgia's only ELA-member firm, said the strong belief that employers should regulate holiday social functions but not be held responsible for their employees' conduct is at odds with the view of legal authorities and recent jury verdicts. Even for parties held off-site, employees believe employers should not be held responsible for the actions of their workers, even where there's inappropriate sexual conduct or the use of alcohol and drugs.

"Juries are much less sympathetic to employers than the American people based on the poll's findings," Huddleston said. "Office parties around holiday time have led to a number of sexual harassment cases, wrongful-death actions and other litigation. Despite what many managers believe, just because parties are held off-site doesn't mean they are somehow immune from liability. Even if attending the party is voluntary and employees are uncompensated, legal liability can still be attached to the employer under certain circumstances."

The full poll results are available on the ELA web site at www.employmentlawalliance.com. The major findings of the "America At Work" poll of 1,000 adults, taken Dec. 7-9, 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 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 Sept. 11, 76% said that their organization had neither eliminated nor scaled back on this year's holiday celebration because of the tragedy.

Huddleston offered employers holding holiday parties some tried and true tips to follow in order to lower the likelihood of legal problems:

• 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 those 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 whereby using a combination of common sense and sound legal judgment an employer can avoid legal headaches and quite possibly save lives," said Huddleston.

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 Sept. 11 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 law firms distinguished for their practice in employment and labor law. There are member firms in every jurisdiction in the United States and more than 40 countries around the world. For more information, visit www.employmentlawalliance.com.

Arnall Golden Gregory provides innovative legal and business counsel to entrepreneurial and growing businesses. With more than 130 attorneys in Atlanta and Macon, Ga., the firm offers a wide range of services and takes pride in building lasting relationships with its clients, a diverse business and industry group with local, national and international interests. For more information call 404.873.8500.

Contacts:

Charles T. Huddleston	404.873.8674	charles.huddleston@agg.com
Susan Longo	404.873.8114	susan.longo@agg.com
Thad Slaton	770.522.8855	tslaton@hayslettsorrel.com

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