Holidays & Harassment: Keeping the CHEER in workplace parties

Office holiday parties are a beloved part of the season. They offer a chance for colleagues to laugh together, build morale, toast to the year behind, and enjoy a playlist of music that someone definitely overthought. Behind the holiday treats and garlands, however, lies an unwelcome present that was on nobody’s shopping list: potential liability for workplace harassment.

For employers, that liability doesn’t take a day off for the holidays. Under Missouri law, holiday parties tied to the workplace are still workplace events, even when they happen offsite or after hours. The good news is most problems are avoidable with a little extra holiday CHEER.

C – Clear Policies

Clear policies are the first line of defense when it comes to holiday celebrations. Office parties usually start innocently enough, with the assumption that because the party is after hours or held offsite, the usual workplace rules feel optional. But from a legal standpoint, that’s where trouble begins.

In Missouri, workplace harassment is governed by the Missouri Human Rights Act (MHRA), which prohibits discrimination in employment practices, including creating a hostile work environment. These protections apply to work-sponsored holiday parties just as they do during the regular workday. Discriminatory conduct based on protected characteristics such as race, color, religion, national origin, sex, disability, or age can expose employers to liability.

Employers can make policies clear by including a short reminder in invitations or pre-event communications. Clear policies reduce misunderstandings, set expectations, and reinforce that professionalism is still required, even during celebrations.

H – Healthy Boundaries

Healthy boundaries are essential when work and celebration mix. Offsite and informal settings can make employees feel less constrained by workplace norms, but boundaries still matter.

Holiday parties can become hostile work environments if employees are excluded or subjected to offensive remarks or conduct based on protected traits such as race, religion, sex, disability, or age. Healthy boundaries include respecting personal space and being mindful of conversation topics. Encouraging employees to maintain these boundaries prevents oversharing, inappropriate jokes, or behavior that would not occur during normal work hours, protecting both morale and legal compliance.

In other words, if it would be awkward in a conference room on a Tuesday morning, it’s probably inappropriate at your holiday party, too.

E – Ensure Safety

To ensure safety, employers should plan proactively, especially if alcohol is served. Alcohol can blur boundaries and impair judgment, increasing the likelihood of inappropriate comments or behavior that may later be perceived as offensive or unwelcome.

Practical measures include limiting alcohol, providing food and non-alcoholic options, offering to reimburse their taxi or Uber ride, and designating staff to monitor the event. It is also wise to have a clear process for handling any complaints during or after the party. These steps help ensure safety, protect employees, and reduce the risk of conduct that could violate the MHRA.

E – Example Leadership

Example leadership matters more than ever at holiday events. Under the MHRA, employers can be held vicariously liable for harassment committed by supervisors, even if the employer was not aware of the conduct. Their behavior or failure to act can directly expose the organization to liability.

Supervisors should model appropriate conduct, remain attentive to potential issues, and be prepared to intervene promptly if boundaries are crossed. Actions such as circulating among attendees, welcoming employees, and participating in activities show visibility and approachability, reinforcing expectations and creating a respectful environment.

Good leadership can quietly prevent problems before they start, often without anyone realizing an issue was avoided.

R – Responsible Fun

Holiday celebrations should focus on responsible fun. Festive does not have to mean unprofessional or uncomfortable. Inclusive, low-risk activities like themed trivia, group photo booths, or creative contests allow all employees to participate comfortably and help keep the event positive and respectful.

Employers should also remember that liability under the MHRA can arise from harassment by non-supervisory employees or even third parties, such as customers or vendors, if the employer knew or should have known about the conduct and failed to take prompt and effective action. Encouraging employees to respect boundaries, look out for coworkers, and enjoy the event responsibly keeps the celebration from turning into a compliance headache.

Bottom line: Missouri workplace harassment laws apply to holiday parties and other work-related events, even if held offsite or after hours. Employers can still celebrate safely by planning carefully, setting clear expectations, and staying focused on clear policies, healthy boundaries, safety, leadership, and responsible fun. A little holiday CHEER can go a long way in making sure the only thing people remember the next day is the good time they had at the office party!

Written by attorney Kristina Yagelski.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Holidays & Harassment: Keeping the CHEER in workplace parties

Kristina Yagelski

C – Clear Policies

H – Healthy Boundaries

E – Ensure Safety

E – Example Leadership

R – Responsible Fun

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