Published on November 21, 2007 by Donna Seale
Holidays, parties and human rights……just doesn’t roll off your tongue, does it? Well, not that I want to rain on anyone’s parade, but, work parties can, in fact, engage human rights issues that employers and employees alike need to be aware of. Given that we are heading into the December holiday season and workplaces will soon be preparing for various types of holiday parties, I thought it was timely to touch upon this topic.
On that note, I came across a good post by Xpert HR on "Top 10 tips for a successful work Christmas party" and a more ominous Canadian news article on "Office party dangers". The common threads running through both pieces, along with my own comments, are as follows:
Workplace parties are "related to employment":
Remember that the boundaries of the work environment are not determined by time or location where workplace human rights protections are concerned. So, even though your holiday party may be outside of the office and beyond working hours, the party is still sufficiently related to employment to trigger employer liability for conduct at the party which is in violation of human rights legislation.
Have a "party policy":
It’s a good idea to either have a separate policy relating to work parties or, at the very least, remind your employees that your everyday discrimination and harassment policy (which I know you all have and live by) is still in operation at all times during the festivities [note here that the Xpert HR post is based on the law in the UK which is why it only mentions prohibitions against sexual harassment, and harassment on the basis of age, religion and sexual orientation. Canadian law prohibits these forms of harassing behaviours as well but goes beyond them to include conduct such as racial harassment and harassment on the basis of disability -- refer to the human rights legislation in your jurisdiction to ensure you have covered what you need to in your policy];
Monitor employee behaviour:
While there is no reason preventing everyone, including management, from enjoying the party, it is advisable to delegate certain members of the management team to keep watch on the goings-on at the party to ensure inappropriate employee conduct is avoided as much as possible. Intervene at the first signs of any trouble. Managers who are selected for this monitoring role should be trained on what discrimination and harassment is, how to identify it, and steps that should be taken if they become aware of behaviour that could constitute discrimination or harassment. They should also know not to engage in this kind of behaviour themselves;
Keep an eye on third parties:
Employers in Canada are legally obligated to protect their employees from harassment by third parties to the workplace (such as clients, customers, etc.). As in #2, members of management can be chosen to be on the look-out for any problematic third party behaviour. If management becomes aware of such behaviour, they should intervene and take all reasonable steps to remedy the situation immediately;
Strive for inclusivity:
Remember that the time of day that you set for the start of your party or the day of week you decide to hold it on can impact the ability of employees to attend based on characteristics such as family status or religion. Selections of food and drink should bear in mind the diverse religious beliefs of employees in the Canadian workplace. Invitations to the party that are extended to your employees’ partners should reflect the existence of both opposite-sex and same-sex relationships. The best advice? Seek the input of all of your employees so that you create the most inclusive party atmosphere possible.
Happy holidays!
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Donna M. Seale B.A., LL. B.
Human Rights Lawyer
and Educator
