Some employers assume holiday parties are “off the clock”, but under New York law, work-related events are still workplaces. When celebrations involve alcohol and relaxed atmospheres, harassment can escalate. Unwanted touching, sexually suggestive comments, or propositions from colleagues don’t become legal just because they happen at a party. If you’ve experienced sexual harassment at a company holiday event, you have the same legal protections as you do during regular work hours.
What Counts as Harassment at Holiday Events?
Sexual harassment at company-sponsored parties involves unwelcome conduct of a sexual nature. Examples include:
- Unwanted physical contact, groping, or forced kisses
- Comments about your body, appearance, or clothing
- Sexual jokes, innuendos, or explicit remarks
- Repeated propositions for dates or sexual encounters
- Sharing sexually explicit images or videos
- Threats linking job security, promotions, or opportunities to compliance with sexual advances
Even a single incident can be unlawful if it is severe enough. Sexual harassment is more often assessed based on whether the conduct is part of a pattern that creates a hostile or intimidating work environment, and company parties are prime settings for this behavior.
The “Holiday Spirit” and Alcohol Excuses
Harassers frequently blame alcohol or claim they were “just having fun” or “celebrating.” The law does not excuse offensive conduct simply because the harasser was drinking or the setting was social. What maters is whether the conduct was unwelcome and inappropriate, not the harasser’s intent or state of intoxication.
Under New York City and state laws, the threshold for providing harassment is lower than federal law, meaning you don’t have to show that the harassment was “severe or pervasive” to bring a claim. This means even conduct that might not meet federal standards could still violate New York law.
What to do if You Experience Harassment
If you’ve been subjected to sexual harassment at a work holiday party:
- Document what happened – Record dates, times, locations, what was said or done, and who witnessed it.
- Report the conduct – Follow your employer’s harassment reporting procedures, preferably in writing.
- Seek legal advice – An attorney can explain your rights and help you take action.
How Phillips & Associates, PLLC Can Help
At Phillips & Associates, PLLC, our employment discrimination and harassment attorneys have extensive experience representing employees across New York. We understand how violating it is to face harassment at what should be a celebratory event, and we’re here to protect your rights.