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WWCD: The Holiday Party Edition

Dear Ben, 

It’s that time of year again — when twinkly lights go up, PTO calendars implode, and HR is quietly expected to conjure a holiday party that is festive, inclusive, risk-free, and apparently capable of solving centuries-old cultural tensions. So naturally, I’m writing to you. 

Here is the situation. Our Events Committee has thoughts. Bold ones. 

• A few long-tenured employees insist we should “bring back the Christmas Party,” complete with carols, eggnog, and mistletoe (yes, actual mistletoe).
• Our colleagues who don't celebrate Christmas have indicated — gently, diplomatically — that they’d prefer not to be guests at someone else’s religious celebration masquerading as a workplace gathering.
• My Gen Z assistant believes we can “save money and modernize our vibe” by replacing the bar with… cannabis gummies. She presented me a color-coded spreadsheet.
• Meanwhile, Leadership would like “a tasteful but not extravagant event,” which translates roughly to: “Please create magic with a budget that wouldn’t cover bagels at a CLE breakfast.” 

So before I resign myself to planning a silent-disco, non-denominational, mocktail-forward celebration in an OSHA-approved venue with allergen-free snacks, I need your guidance on the actual legal parameters. 

Thanks, 

Harried in HR!

My dear Harried in HR,

Your letter arrives as the season of celebration approaches — and with it, the perennial truth that merriment mixed with alcohol may dull judgment as swiftly now as it did a century ago. 

Whether in a speakeasy of my day or a banquet hall of yours, impairment can invite misconduct: harassment, quarrels, or the grave risk of an employee attempting to drive home unfit. 

And let us remember: an employer’s responsibility does not vanish merely because the festivities occur off-site or outside ordinary work hours. Liability, like memory, lingers. Against that sober backdrop, I turn to your modern dilemmas — dilemmas my generation could never have imagined. We forged our way through Prohibition; you contend with red and green cannabis gummies offered in the name of thrift. Each era bears its burdens. 

1. On Naming the Celebration 

Retain “Holiday Party.” Where many beliefs gather under one roof, neutrality is the surest path to inclusion. 

2. On Intoxicants Old and New 

Alcohol may be served, if hemmed in by prudence. I recommend: 

• Instruct bartenders that no shots shall be poured.
• Limit offerings to beer and wine, whose potency is predictable.
• Employ a two-drink ticket system for natural restraint.
• Close the bar one hour before the event concludes, marking a gentle descent toward sobriety.
• Offer a selection of these new-fangled mocktails, allowing festivity without impairment. 

As for the cheerful gummies: decline them. Their legal uncertainties far exceed any imagined cost-saving virtue. 

3. On Conduct and Civility 

A warm greeting from management should reaffirm that respectful-conduct, anti-harassment, anti-discrimination, and substance-use policies remain fully in effect. Celebration is no exemption from courtesy. 

4. On Safe Passage Home 

Encourage or subsidize ride services for those who drink. Foresight is the hallmark of responsible stewardship. 

5. On Structure, Restraint, and Sustenance 

Set a clear beginning and end; provide light programming; avoid mistletoe; and — critically — offer copious food throughout the event. A well-fed guest is less vulnerable to the quick ascent of alcohol, and the provisions help steady the evening’s course. 

6. On the Role of HR and Management

Finally, resist the temptation to slip away early. Your presence is not ornamental; it is essential. HR and managers should limit their own alcohol intake, model professional behavior, and remain ready to intervene with grace and good judgment should the evening wander off its intended path. In every age, someone must keep watch — and in yours, it appears HR has inherited the noble (if underappreciated) role of holiday babysitter-in-chief. In sum an inclusive Holiday Party, modest in drink, bolstered by mocktails, free of cannabis confections, explicit in expectations of respect, rich in food, supervised by vigilant leaders, and mindful of safe return. Such a gathering would have satisfied the prudence of 1931 and will serve you equally well today. 

I commend your vigilance, though I remain quietly grateful that my docket never included the question of liability for candy-born intoxication. 

Yours in judgment and good cheer, 

Ben N. Cardozo

NOTE: This blog post is provided as an educational service and summary of legal issues in the workplace. It is not intended, nor should it be construed, as legal advice.