Holiday parties are usually held as a way to enjoy time with friends as a way to celebrate before a new year begins and to think about all of the good things that have happened. Some of these parties are hosed by employers as a way to show their appreciation to their employees. Even though these parties are often festive and joyous, there are some people who don’t always feel this way. Unfortunately, some employees feel uncomfortable at holiday parties because of unwanted sexual advances that could occur. An attorney who handles sexual harassment cases can offer assistance if you feel that you have been violated in this manner while attending a holiday party with other employees and your employer.
At times, alcohol could play a role in the sexual advances that are made at holiday parties. Those who drink sometimes don’t realize what they are doing and try to touch people in ways that are not appropriate. Sometimes, the person might make comments of a sexual nature toward people who are at the party. Even though employers and employees are at a holiday gathering, the party is still considered a place of employment since it’s simply an extension of what takes place in the business. If there are any sexual advances that take place at the party, then the employer or employee who made the advances can be charged with sexual harassment.
According to Title VII of New York laws and regulations, one type of discrimination that can occur in the workplace is sexual harassment. These laws apply to any employer no matter how many employees work under the person’s supervision in the workplace.
An attorney can discuss with you the types of sexual harassment that are prohibited in the workplace. These include a work environment that is hostile in nature and harassment that is considered quid pro quo. The harassment can take place between people of the opposite sex or people of the same sex. It can also take place between those who are transgender or who don’t conform to gender.
If a sexual advance is made while you’re at a holiday party and it results in an atmosphere that is hostile, then the person can be charged with harassment. However, the act would need to be one that is severe in nature in order for any damages to be received or for a claim to even be filed in most situations as there could be advances that are made that are accidental in nature. This would mean that there was no intent behind the advancement but that you thought that the person was trying to commit an act of sexual harassment.
If someone makes a remark that is unwanted, it might not be considered harassment. However, unwanted touching while at the holiday party can be considered an act of a sexual advance that can be charged as harassment. An example of quid pro quo harassment would involve an employer who promises an employee some type of advancement or raise at work if there is a sexual favor performed.
In the state of New York, employers are often held responsible for any kind of sexual harassment or sexual advances that take place at a holiday party. They are even held responsible if they don’t know that a manager or another owner is responsible for the harassment or if the other employers don’t know that the owner of the business is responsible. If the advancement continues after the holiday party, then the person who made the advancements can still be charged. An attorney can help you seek the proper claim against someone who has made sexual advances while at a holiday party if you feel that you have been harassed.