Retaliation claims are proliferating and are unlikely to subside anytime soon. The EEOC reported that in its last fiscal year, retaliation claims were the most common type of claim asserted in new charges. Some 36 percent of the nearly 100,000 charges filed with the EEOC in its FY 2010 asserted a claim of retaliation. During its current term, the U.S. Supreme Court has continued a trend of issuing rulings that expand anti-retaliation rights of individuals — thereby expanding the risks to and demands on employers. For example, in the March 28, 2011 edition of Legal News: Employment Law Update, we reported on the Supreme Court’s ruling in Kasten v. Saint-Goben Performance Plastics Corp., in which the Court ruled that an employee was protected from retaliation even though he had raised his wage complaint only internally and had not filed a claim with any agency or court. In the January 31, 2011 edition of Legal News: Employment
Law Update, we reported on the case of Thompson v. North American Stainless LP, in which the Court ruled that an employee who alleged he was fired in retaliation for his fiancée’s filing of a discrimination complaint against the same employer.
Tag Archives: Liability
Having Fun and Avoiding Liability at the Office Holiday Party
Posted in Discipline and TerminationLawyers can effectively kill the fun of any party, especially the hallowed tradition of the office holiday party. Recognizing that there is nothing more fun than seeing colleagues and clients enjoying holiday cheer together, we say ’tis the season to remember these important tips to avoid liability and disaster:
- Injuries occurring at a holiday party may be compensable by workers’ compensation. Consider the case of the inebriated co-worker who, on her way to receive a hearty handshake and an envelope containing an annual bonus, slips and falls. Despite the good cheer, the injury is compensable. This is only one of the many scenarios that cries out for careful monitoring and regulation of alcoholic consumption. To avoid liability, consider limiting the amount of alcohol provided by giving drink tickets to employees and ensuring that alcohol is served by a bartender trained to recognize and instructed to stop serving those who have had too much to drink.
- Beware the mistletoe. Holiday parties are notorious incubators of sexual harassment claims. Remember that despite everyone affirming, “what happens at the holiday party stays at the holiday party,” harassment can and often does occur. The subordinate / superior relationship does not change just because individuals are at the holiday party. Conduct unwelcome outside the holiday party is equally unwelcome beneath the mistletoe. In short, the rules do not change just because the events occur at a holiday party.
- The holiday party does not stop at the door’s threshold. Employees whose alcoholic consumption at the holiday party contributes to an automobile accident on the way home subject themselves and the employer to potential liability.
So, Ebenezer, what’s an employer to do?