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- While company holiday parties are intended as lighthearted, joyful team-building events, they can be vulnerable to sexual harassment.
- Though they usually take place outside of business hours and can be held outside of the workplace, companies can still be held responsible for harassment at work-sponsored holiday parties.
- The perpetrator may hide behind the celebratory atmosphere and claim their actions were in jest, but inappropriate behavior that could be considered sexual harassment in the workplace is still sexual harassment at a holiday party.
- Employers that take proactive steps to prevent holiday party sexual harassment will build better cultures and reputations than those that fail to properly respond to it.
- The employment lawyers with Joseph & Norinsberg are experienced in handling holiday party sexual harassment cases and are ready to advocate for your rights.
Having a company holiday party is a tradition for a reason—it’s a fun way to bring your team together and build camaraderie ahead of the new year. It’s a joyous occasion, with many employees practicing gratitude, excited to receive bonuses, and looking forward to spending time with their families after a year of hard work.
However, company holiday parties can also be a magnet for unprofessional or inappropriate behavior. Sexual harassment at workplace holiday parties is unfortunately not uncommon, and its repercussions can linger far beyond just the evening.
If you have been sexually harassed at a holiday party, the experienced employment law attorneys with Joseph & Norinsberg can help. Contact us online or call 212-227-5700 today for a free consultation.
Table of Contents
- Why Choose Joseph & Norinsberg As Your NYC Holiday Party Sexual Harassment Lawyers?
- What Is Holiday Party Sexual Harassment?
- What Should I Do If I’ve Been Sexually Harassed at a Holiday Party?
- How Does Holiday Party Sexual Harassment Impact the Company?
- Testimonials from Our Satisfied Clients
- What Can Employers Do to Prevent Holiday Party Sexual Harassment?
- What Damages Can You Get Compensation for in a Holiday Party Sexual Harassment Case?
- Contact Joseph & Norinsberg For Your Employment Law Cases
Why Choose Joseph & Norinsberg As Your NYC Holiday Party Sexual Harassment Lawyers?
Our skilled employment lawyers have more than 75 years of collective experience fighting for the rights of workers like you. We work hard to get our clients the justice they deserve, and our results reflect the effort—we’ve achieved an over 90 percent case success rate.
We’re committed to fighting injustice, pursuing our cases with a relentless work ethic and passion for helping others. We approach every case with empathy, providing personalized attention and care to ensure all our client’s needs are met.
Some of our significant case results include the following:
- A $1,350,000 sexual harassment settlement from an international luxury fashion brand
- A $750,000 award for a client who was sexually harassed and physically assaulted by her boss
- A $500,000 sexual harassment settlement for a client in the biotech industry
What Is Holiday Party Sexual Harassment?
Sexual harassment can still occur outside of the workplace and normal business hours. Since holiday parties are work-sponsored events for team bonding, inappropriate interactions between co-workers can be considered sexual harassment.
As it is almost always an isolated incident, holiday party sexual harassment must be severe enough to create a hostile work environment or threaten the victim’s employment to be considered legally actionable.
What Are Examples of Holiday Party Sexual Harassment?
wHoliday party sexual harassment can come in many forms, whether overt or subtle. Some examples include the following:
- A co-worker offering alcohol and making sexual advances once the victim is inebriated
- Making offensive or sexual comments
- Attempting to kiss a subordinate under mistletoe
- Unwanted touching of any kind
- Making obscene gestures
- Taking off clothing or encouraging others to do so
- Pressuring the team to play sexual or inappropriate games
Hiding behind the lighthearted environment, those engaging in sexual harassment at a holiday party may argue they were joking or behaving in jest. Our employment lawyers can prove you were sexually harassed at a holiday party and hold the perpetrator accountable.
What Should I Do If I’ve Been Sexually Harassed at a Holiday Party?
If you experience sexual harassment at a holiday party, it’s important to report the incident properly so your employer can take appropriate action.
Document the Incident
Take detailed notes about your experiences immediately, including the time, who was involved, where the incident occurred, and the names of potential witnesses. Direct evidence of harassment is rare and even harder to come by in a casual environment like a holiday party, so your record will serve as a critical foundation for your claims.
File a Complaint with Human Resources
Gather your notes and any other evidence you might have, including written communications or witness statements, then head to your company’s human resources department. Filing a complaint with HR does bring a risk of retaliation, but any backlash you face from your company is blatantly illegal and will only support your claims.
File a Sexual Harassment Claim
If your company won’t take action, it’s time to engage with government agencies. The Equal Employment Opportunity Commission, or EEOC, investigates complaints of harassment, discrimination, and retaliation that may violate federal law. Your state will also have a similar agency that enforces local regulations.
Work With a Sexual Harassment Lawyer
An attorney experienced in holiday party sexual harassment can help you assemble a strong case and hold your employer accountable. Our lawyers can handle every aspect of your claim, from filing paperwork to pursuing legal complaints. Let us take the guesswork and stress out of the process.
How Does Holiday Party Sexual Harassment Impact the Company?
Failing to prevent or properly respond to holiday party sexual harassment can ruin team relationships the event was meant to strengthen. The victim may leave the company or pursue a legal case against the company, and their co-workers may feel vulnerable to similar situations in the future.
If a company refuses to care for its workers, it will build a public reputation as a toxic workplace. Other team members may leave, disgusted at their employer’s handling of the situation. Their contempt will pass on to new applicants, leaving less and less talent available or willing to replace them.
Testimonials from Our Satisfied Clients
What Can Employers Do to Prevent Holiday Party Sexual Harassment?
Companies should prepare for the possibility of sexual harassment at holiday parties and make a proactive effort to prevent it, such as the following:
- Holding mandatory annual sexual harassment training, even if it’s not legally required in the state
- Reviewing and updating the company’s sexual harassment policies and making sure employees are aware of them
- Communicating to employees what behaviors at the holiday party will be considered unacceptable and setting clear consequences for inappropriate actions
- Making a plan to limit employees’ alcohol intake at the holiday party
What Damages Can You Get Compensation for in a Holiday Party Sexual Harassment Case?
Depending on what happened and how the company responds, you can recover compensation for damages like emotional distress after experiencing sexual harassment at a holiday party. Other damages can include the following:
- Pain and suffering if you were physically assaulted or injured as a result of the harassment
- Lost wages if you missed time at work to recover from injuries or avoid a hostile work environment
- Reinstatement or back pay if you were terminated or retaliated against after the incident
Contact Joseph & Norinsberg For Your Employment Law Cases
Don’t suffer in silence for another day. If you have experienced sexual harassment at a holiday party, our experienced employment law attorneys will fight relentlessly to protect your rights and get you the justice you deserve.
Call us today at 212-227-5700 to schedule a free consultation and learn more about how we can help.
Bennitta Joseph is an experienced New York City sexual assault attorney with over seventeen years of experience litigating cases involving workplace harassment. She takes on cases with uncompromising dedication, patience, and a relentless desire to achieve justice.
A lawsuit proved employer misappropriation of tips. Court awarded employees unpaid tips, damages, fees after bench trial.
Wage and hour settlement on behalf of residential superintendents.
After getting the defendant to agree to mediation, settled for a class of construction workers who were not paid their overtime properly.
