The Risks at Workplace Holiday Parties - from a workplace lawyer and investigator

Work Holiday Parties are a high-risk environment for sexual harassment and sexual assault. 

I’ve seen it, experienced it, and seen many cases about this form of discrimination. 

Why is it so high-risk? Well, usually alcohol is a factor. The stress of the year and/or access to a free bar can mean people drink to excess and their behaviour becomes a liability. The festive vibe can make people forget that work parties are an extension of the workplace and that the same rules apply at the party as they do at the office. 

The biggest factor, in my mind, is that our culture has a poor understanding of consent and what constitutes sexual harassment. 

Sexual harassment is unwelcome sexual conduct that can take the form of remarks, “jokes”, advances, leering, and touching. Generally, any comments about anyone’s body and sexual activity should be considered unwelcome, though it depends on the subjective opinion of everyone involved. Non-consensual touching is definitely unwelcome. 

We know and understand that women are more affected by sexual harassment by men, but in recent years, the most flagrant examples I’ve heard of are between people of the same gender, including men. Especially in the washroom or on the dance floor. Some actions that are intended to be fun or humorous become harmful. 

It can be even more troubling when a manager is harassing an employee, because then there is an extra layer of power at play, where the employee feels like they cannot do or say anything about it for fear of losing their job.

As a workplace investigator and lawyer, I really hope I don’t see an influx of investigation requests this January, but as many firms know, it often happens. When we do investigations, often the respondent to the complaint claims they didn’t know their conduct was considered sexual harassment. If we investigators are asked to provide recommendations, we often suggest that all staff need to be trained on their sexual harassment policy and that management need to take a stronger leadership position on the matter. 

It is the responsibility of leadership to prevent harassment in the workplace and set the example and clearly communicate the anti-harassment policy and codes of conduct to their teams. End of year gatherings should be a safe place for everyone to celebrate wins and bond together. Training and leadership can help. 

Contact Alanna Carlson for more information about sexual harassment investigations, policy review and writing, and anti-harassment trainings. 

Sources:
Saskatchewan Human Rights Commission: Sexual Harassment in the Workplace