Employers should refer to the event as a “holiday” party to avoid claims of religious discrimination.
The Illinois Workers’ Compensation Act excludes from coverage injuries from employee participation in voluntary social events. Hence, employers should avoid compulsory attendance at office parties.
Illinois courts have held employers liable for employee injuries sustained, both during and after the party, as a result of intoxication. Employers are cautioned to monitor alcoholic consumption and to take action, including provision of transportation, in the event it is obvious that the consumption is excessive and an employee has become debilitated.
With heightened awareness about sexual harassment, employers should remind employees that inappropriate personal conduct at the party will not be tolerated. Neither employers nor employees should hang Mistletoe.
Finally, employers should consult their insurance agent to be certain that their general liability insurance policy will provide adequate protection in the event of an incident resulting in liability.
Happy holidays!