[0] Miller Nash Reports Americans Think the Boss Should Regulate Holiday Parties But Not be Held Responsible for Employee Behavior.

Business/News Editors & Legal Writers

SEATTLE--(BUSINESS WIRE)--Dec. 12, 2001

13 Percent Say They've Been to Parties Where There's Been

"Inappropriate" Sexual Behavior

As companies are preparing for their holiday celebrations, the findings of a new national public-opinion survey reveal that a majority of Americans believe that employers should closely regulate parties but not be held legally responsible for the behavior of their employees.

That finding, as well as the disclosure that a relatively small number of workplace parties have been either scaled back or eliminated in the aftermath of the events of September 11, is among the results of the latest "America At Work" poll conducted by the Employment Law Alliance (ELA).

Mary Petersen, a partner of ELA member firm Miller Nash in Seattle, Washington, says that the strong belief that employers should regulate holiday social functions, even those held off-site -- but not be held responsible for the actions of their workers even if inappropriate sexual conduct or the use of alcohol and drugs occurs -- is at odds with the view of legal authorities and recent jury verdicts.

"Juries are much less sympathetic to employers than to the American people, based on our findings," commented Petersen. "Holiday office parties have been the source of countless major sexual harassment cases, wrongful death actions, and other litigation," she said. "We know from vast experience in this area that most managers mistakenly believe that because many parties are held away from the workplace and attendance is voluntary and uncompensated, they're somehow immune from liability."

The major findings of the "America At Work" poll of 1,000 adults were as follows:

-- 58 percent said that employers should closely regulate holiday office
parties, including behavior of the partygoers and the use of alcohol and drugs,
even if they take place off-site.

-- 65 percent believe that employers should not be held responsible for the
actions of their employees at a holiday parties even if held off-site.

-- When surveyed on their own personal experiences, 43 percent said that they
have been to an employer-sponsored holiday party at which there was drunkenness
or drug use.

-- 13 percent said they had been to an employer-sponsored holiday party at
which inappropriate sexual behavior occurred.

-- Asked about holiday party plans in the aftermath of September 11, 76 percent
said that their organization had neither eliminated nor scaled back on this
year's holiday celebration because of the tragedy.

"If your office holiday party is this weekend, and you don't have a policy regarding conduct at a company-sponsored event, it's not too late," said Petersen, who represents employers. She encourages clients to consider some of the following tried-and-true tips:

-- Make sure that spouses or partners are invited, since their

presence has a "leveling effect" on conduct.

-- Issue a notice that company policies regarding sexual

harassment and discrimination extend to parties, even off the

employer's premises.

-- Instruct supervisors that they are to set an example at

company social functions and monitor behavior at the events.

-- If alcohol is served, provide for designated drivers or taxi

vouchers.

"Clearly, by using a combination of common sense and sound legal judgment, an employer can avoid legal headaches and quite possibly save lives," Petersen added.

Dr. Theodore Reed, study director and a partner of Reed, Haldy, McIntosh & Associates, of Media, Pennsylvania, said, "It's clear from these findings that the vast majority of American workplaces are attempting to return to normal in the aftermath of September 11, as indicated by the fact that more than three-fourths of those surveyed said they have not altered their party plans in light of the tragedy."

Miller Nash is the Oregon and Washington ELA representative. The ELA is the world's largest integrated global-practice network composed of premier independent law firms distinguished for their practice in employment and labor law. There are member firms in every jurisdiction in the United States and major cities throughout the world. Other recent ELA-sponsored "America At Work" public-opinion surveys have focused on attitudes toward violence in the workplace and romantic relationships between supervisors and subordinates. For further information, contact Mary Petersen at [e-mail] or at 206/777-7503.