Sharing in the holiday season and festivities with family, friends and co-workers is all part of the celebration. Deck the halls of your corporate office? Hosting employee holiday parties with food, music and alcohol? Sometimes, however, these activities can create legal liability for employers, particularly public entities. Here are a few tips to keep in mind without spoiling employees’ holiday fun.
Workplace and workspace decorations – avoid the appearance of endorsing one religion over another. It is prudent to use employers who wish to decorate the workplace should use non-religious, winter themed decorations such as snowflakes, snowmen, candy canes, holly, and gingerbread houses.
Holiday gift exchange – please remind employees to select gifts appropriate for the workplace. Employees should be discouraged from buying items that contain profane, graphic, or inappropriate content. A very modest limit on the cost of such gifts should be established, such as $10 or $15.
Individual holiday gifts - some employees may choose to give individual holiday gifts to coworkers. Some employees may see selective gift giving as signs of discrimination or retaliation. Aside from any sort of legal claims, selective gift giving may also create a tense workplace environment where employees’ feelings are hurt. Employers can create and enforce policies that require employees to exchange gifts outside of the workplace during non-work hours.
Holiday apparel and accessories - some employees may want to wear holiday apparel or accessories. Prohibiting employees from wearing holiday themed apparel may give rise to claims of violation of free speech and religious expression. Nevertheless, employers do have the right to make sure that any holiday apparel complies with internal dress code policies or standards of professionalism.