ROANOKE TIMES 
                      Copyright (c) 1995, Roanoke Times

DATE: Sunday, December 3, 1995               TAG: 9512010067
SECTION: BUSINESS                 PAGE: G-2  EDITION: METRO 
COLUMN: Workplace
DATELINE: BOCA RATON, FLA.
SOURCE: MATT LEVINSON KNIGHT-RIDDER NEWSPAPERS 


FEAR OF LAWSUITS MAKING COMPANIES' HOLIDAY PARTIES A LOT TAMER IN THE '90S

Gone are the days when the office Christmas party was an excuse for some employees to get drunk and act irresponsibly. Because of fears of drunken driving lawsuits and sexual harassment charges, rowdiness has been replaced by generally quieter parties.

``The gun-slinging days of the 1980s are certainly over,'' said Rick Harris, manager in the Boca Raton office of A.G. Edwards & Sons Inc. ``Our Christmas party is more of a family social type of thing.'' Only a little more than a decade ago, Harris said he was forced to shut down Christmas parties at another firm he worked for because employees got out of hand.

One of the reasons for the change is the recent attention given to drunken driving, including a Florida law that could hold the company responsible for employees' actions.

Allan Weitzman, a Boca Raton labor attorney with the firm Proskauer, Rose, Goetz & Mendelsohn, said a company could be sued if it allowed an employee to drive who is obviously drunk.

``If they're aware the person is intoxicated and not in a condition to drive, then the law is going to hold them liable,'' Weitzman said. An innocent third party in an accident could seek damages from the company, Weitzman said.

Harris said ``he'll personally take the keys away from'' employees or employees' spouses or friends if he thinks they are not fit to drive.

``We don't want anything to happen, and we're not going to push the envelope,'' he said. ``I'll pay for the cab fare.''

Another potential nightmare for a company stemming from the Christmas party could be sexual harassment, either in the direct manner of sexual propositions or in the indirect manner of creating a hostile environment, Weitzman said.

Both are more apt to happen when alcohol is flowing.

And not only can an employee take immediate action, the problem could come back to haunt the company.

If a woman gets passed over for a promotion in favor of a man, she could cite the Christmas party as proof that the company does not respect women.

``A woman could say the company is male-dominated and evidence of that is the permissive nature of the sexually charged environment. Just look at the Christmas party and what went on,'' Weitzman said.

Harris said this year's Christmas party at A.G. Edwards will be held at a broker's home, and he expects all to be on their best behavior.

``I expect ladies and gentlemen to behave, regardless, and I wouldn't be to happy about it if they didn't,'' he said.

Weitzman suggested employers should either keep an eye on their employees who tend to drink excessively or not serve alcohol at all.

``The prudent employer would advise people that the Christmas party and drinking are not an opportunity for the relaxation of the general prohibition of inappropriate behavior in the workplace,'' he said.


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