Summer Parties: the Ins & Outs of After-Hour Work Events

Picture it: it’s summertime, everyone is outside at all times, checking off every hobby on the to-do list and concocting every type of drink one sees on their Instagram feed. Of the myriad of parties to be invited to every season, there is always one invitation to expect; the company party. It’s a chance to connect with colleagues, celebrate successes, and enjoy a more relaxed atmosphere outside of the office. But these events can also be a source of anxiety. What are the rules when the lines between professional and personal blur? What are the after hours expectations for workplace decorum? And what happens when things go wrong? Is there an after’s for a company party?

Our dedicated team of employment lawyers at Filippatos PLLC understands that a company event is still a company responsibility. If you have been mistreated, harassed, or unfairly disciplined in relation to a work function, you most certainly have rights in this scenario.

Is a Company Party Legally Considered the Workplace?

The short answer is often yes. While the event may be off-site and after typical work hours, your employer’s legal responsibilities do not necessarily disappear. The key legal concept is whether the event is within the “course and scope of employment”. Courts and agencies like the Equal Employment Opportunity Commission look at several factors to determine if an event is an extension of the workplace.

Rules of Attendance: If attendance is mandatory, or even if you feel compelled to go for fear of reprisal or to network with supervisors, the event is almost certainly considered work-related. This means for non-exempt employees, that time may need to be compensated under federal and state wage laws.

Employer or Company Benefits: If the party serves a business purpose beyond simply boosting morale, such as entertaining clients or vendors, it strengthens the argument that it is a work function.

The Afters (in the Workplace): Even congenial conduct at a purely social gathering can lead to employer liability if it negatively affects the work environment later. Whether it’s conduct through word of mouth or physical/social behavior, or something else. The EEOC’s 2024 guidance makes it clear that off-site conduct with consequences in the workplace is the employer’s problem. Essentially, if your employer created the environment, they are generally responsible for keeping it safe.

Harassment and Discrimination: When Celebration Crosses a Line

A relaxed social setting, often combined with alcohol, can unfortunately become a breeding ground for illegal behavior. It is crucial to understand your rights regarding workplace misconduct. What follows are instances related to sexual harassment and racial discrimination.

Sexual Harassment and Unwanted Sexual Attention

Sexual harassment is illegal, whether it happens in a cubicle or at a company-sponsored barbecue. It can take shape in two primary forms:

Quid Pro Quo: This is when a job benefit (like a promotion or even keeping your job) is conditioned on submitting to sexual advances.

Hostile Work Environment: This occurs when conduct is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment. This is the most common form of harassment at work parties.

Examples of conduct that can create a hostile work environment include: offensive jokes, unwelcome touching, repeated and unwanted sexual attention, or sexually suggestive comments. The harasser can be a supervisor, a coworker, or even a non-employee like a client or a vendor. Importantly, you do not have to be the direct target of the harassment to be a victim. Witnessing such behavior can also contribute to a hostile work environment, and you are protected from retaliation for reporting it. Always be sure that if you witness harassment of any kind, be sure to document everything as clear as possible.

Racial, Ethnic, and Gender Discrimination

Company parties must be inclusive in this day and age, full stop. An employer can face liability for racial discrimination, ethnic discrimination, or gender discrimination if the event is planned or executed in a way that excludes or offends employees based on their protected characteristics. This could include scheduling a party on a major religious holiday, failing to provide food that meets diverse dietary needs, or allowing jokes and comments that target a specific group of people, even when meant in good company. Establishing clear boundaries for respectful interaction is a responsibility for the management to take seriously.

If you have experienced or witnessed inappropriate behavior at a work event, understanding your rights is the first step.

Can I Be Fired for Getting Drunk at a Work Event?

This is a common and complex question. The answer depends on the specifics of your situation. New York is an “at-will” employment state, which means that, in principle, your employer can fire you for any reason—or even no reason at all—as long as the reason is not illegal.

However, New York Labor Law § 201-d provides a critical protection. It makes it illegal for an employer to fire you for your legal recreational activities outside of work hours, off the employer’s premises, and without using company property. This in fact includes the legal consumption of alcohol!

The crucial distinction is this: the law protects the activity, not the misconduct that may result from it. You cannot be fired simply for having a legal drink at a party. But you can be fired if your intoxication leads you to violate company policy, harass a coworker, damage property, or otherwise engage in physical misconduct that threatens one’s wellbeing. Your employer has the right to enforce rules of workplace etiquette and professional conduct, even at a party.

Furthermore, if your drinking is linked to Alcohol Use Disorder (AUD), it may be considered a disability under the Americans with Disabilities Act (ADA). While an employer cannot fire you for having this disability, the ADA does not protect you from the consequences of on-the-job intoxication or misconduct.

Can I Sue If I Was Sexually Harassed at a Work Event?

Yes, of course! If you were subjected to sexual harassment at a company-sponsored event, you have the right to take legal action. The event is considered an extension of your workplace, and your employer has a duty to prevent and address harassment that occurs there.

If you are a victim of harassment, here are the steps you should consider taking:

Document Everything: As soon as you can, write down exactly what happened. Include the date, time, location, who was involved, what was said and done, and if there were any witnesses.

Report Internally: Check your employee handbook for the company’s harassment reporting procedure. Report the incident to a trusted supervisor or Human Resources. This puts the company on notice and legally obligates them to investigate and take action.

Contact an Attorney: Navigating this process can be intimidating, especially when you are dealing with the trauma of harassment. A New York sexual harassment lawyer can protect your rights, help you file a formal complaint, and ensure you are shielded from retaliation.

File a Formal Complaint: You can file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. There are strict deadlines for filing—typically 300 days in New York—so it is vital to act promptly.

If you report harassment and are subsequently fired, demoted, or punished in any way, you may have a strong claim for illegal retaliation, which is a form of wrongful termination.

Call Us

You should never have to sacrifice your dignity or safety for your job. Summer parties are meant to be a benefit for employees, not a source of fear, humiliation, or abuse. If you were harassed, discriminated against, or wrongfully terminated in connection to a work event, the dedicated attorneys at Filippatos PLLC are here to be your fierce legal advocates. If you are experiencing discrimination at work due to the actions of another, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.