Company holiday parties, client dinners, conferences, and work retreats often feel more social than professional. However, employment law still applies to events that happen outside the office.
Rheingold Law represents New York employees whose harassment began at a work-sponsored event rather than at a desk. We investigate these claims with the same legal precision and trauma-informed care we bring to any workplace matter.
New York’s model sexual harassment policy confirms that unlawful harassment is not limited to the physical workplace. It can occur during business travel, at employer or industry-sponsored events, and through calls, texts, emails, or social media.
Alcohol, travel, and looser supervision at an off-site event do not change the legal analysis. The question is whether the conduct was connected to employment, affected a worker’s job terms, or created a hostile work environment.
Off-site harassment often arises from settings that are still connected to a person’s job, including:
Harassment can also start at an off-site event and continue at work, or begin at work and escalate once the event begins.
To schedule a free, confidential consultation with our legal team, complete our contact form or call (212) 684-1880.
Several laws may apply to the same set of facts. At the federal level, Title VII of the Civil Rights Act prohibits sex discrimination in employment, including sexual harassment. In New York state, New York Executive Law § 296 makes it unlawful for an employer to discriminate in the terms, conditions, or privileges of employment based on sex.
The state law reaches further than the federal definition in one important respect. Under New York State Human Rights Law, the harassment need not be “severe or pervasive” to be actionable. Conduct is unlawful once it rises above a petty slight or trivial inconvenience.
New York City law offers additional protections. For example, the NYC Commission on Human Rights can impose civil penalties of up to $250,000 for a willful violation, require mandatory training and award damages for emotional distress.
Off-site harassment claims can involve conduct such as:
When conduct involves assault or attempted assault, the same facts can support both a criminal report and a separate civil claim. While criminal cases are brought by the government, civil sexual assault cases are brought by the person harmed. Civil lawsuits are filed to recover compensatory damages and to hold employers accountable.
An employer can be liable when a supervisor participates in harassment, or when the company ignores a complaint or fails to investigate known misconduct. New York law also extends liability to harassment by non-employees.
The New York State Division of Human Rights confirms that employees are protected from harassment by customers, clients, contractors, vendors, and gig workers, and that an employer can be held responsible for a third party’s conduct in the workplace.
Evidence from an off-site event can disappear quickly. It helps to:
An employee should not be pressured into minimizing what happened because it occurred after hours or away from the office. If the event was connected to work, an employer’s legal obligations still apply.
Attorney Thomas P. Giuffra leads Rheingold Law’s Sexual Abuse and Civil Litigation Department and has recovered more than $250 million for survivors of sexual abuse and harassment. Our attorneys work with a psychotherapist experienced in trauma-informed practice to further support our clients in the aftermath of their personal ordeal and throughout ongoing litigation.
Thomas P. Giuffra says: “An off-site event doesn’t change an employer’s obligations. We look at who organized the event, who had authority that night, and how the company responded afterward.”
If you were harassed, coerced, or retaliated against at an office party or work-related event, contact Rheingold Law to schedule a free, confidential consultation.
