The holiday season is upon us, which means office holiday parties will be happening soon. Although the start of the #MeToo movement shortly before last year’s holiday season might have led to fewer—or at least less extravagant—holiday parties, the holiday season always seems to make some people think the usual rules do not apply. As New York City sexual harassment lawyers, please let us assure you that the rules do still apply. Here is Phillips & Associates’ guide to throwing a holiday party that everybody in the office can enjoy.
First, let us speak a bit about what constitutes sexual harassment in the workplace—which includes office parties. Sexual harassment is a form of sex discrimination under statutes like the New York City Human Rights Law in two general scenarios:
- Quid pro quo sexual harassment occurs when sexual activity, from “dirty talk” to actual sexual contact, is made a condition of employment. This usually involves a supervisor, manager, or executive making demands of an employee in a subordinate position. It can be an outright demand, e.g. “do this if you want a good shift schedule.” It can also be more subtle, such as when the circumstances indicate that rejecting a supervisor’s advances will be damaging to one’s job.
- A hostile work environment occurs when an employee is subjected to unwanted and pervasive sexual remarks, jokes, overtures, or advances, to the extent that it interferes with their ability to do their job. This type of sexual harassment can occur between co-workers of equal rank within a company, but then the employer is only liable if they knew about the harassment and failed to act. Many hostile work environment claims involve an ongoing pattern of offensive behavior by one or more individuals. A single incident can also support a hostile work environment claim if it is severe enough.