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Mocktails Seen As Key Ingredient For Holiday Party Inclusivity
As the holiday season approaches and companies start organizing year-end gatherings, experts advise featuring mocktails to accommodate nondrinkers and cut down on the potential for bad behavior fueled by alcohol.
The safest move for a risk-averse employer may be not offering any alcohol at company events, but for many businesses, that's not realistic. Still, event planners should keep in mind that some workers may not drink for various reasons, including a previous substance abuse issue, their faith, or if they're pregnant or breastfeeding.
In addition to the possibility that overconsumption can lead to claims of harassment or other inappropriate behavior, employers should be aware of legal protections for workers who want or need to avoid alcohol, management-side attorneys said.
The Americans with Disabilities Act, which courts have interpreted to cover workers with alcoholism, mandates businesses try to hash out an arrangement with disabled employees that keeps them on equal footing with their peers.
Religious workers, including those who may be of a faith that restricts alcohol consumption, have similar rights to an accommodation under Title VII of the Civil Rights Act. And employees who are pregnant or have a pregnancy-related condition, including lactation, are entitled to an accommodation discussion with their employer under the Pregnant Workers Fairness Act.
"It's fine to have it, it's not a violation of their rights, provided you have some alternatives for people," Jill S. Kirila, the co-head of Squire Patton Boggs' labor and employment practice, said of alcohol at holiday parties.
Beyond legal considerations, studies have shown younger members of the workforce — namely millennials and Gen Z — are drinking less alcohol than their predecessors, a trend that has supercharged the nonalcoholic beverage industry.
Featuring some of the increasingly available alternative options can ensure all employees are accommodated, and everyone is included, experts said.
Kirila said this is something she's seeing more consciousness of from her clients. She noted that she attended an event in October that had a separate mocktail mixing station.
"Deliberately, there's an increasing mindfulness that not all individuals want to drink a lot, so it's both for inclusivity and stemming potential liability from people overdrinking," she said.
Attorneys said just offering water or soda alongside a full bar doesn't quite cut it, and employers should put more thought behind the nonalcoholic aspects of a holiday bash. Hiring a bartender skilled in making mocktails is a good idea, they suggested, as well as featuring nonalcoholic beers alongside the typical bottles and drafts being offered.
If alcohol is served, offer plenty of food too, experts added. And organizing activities, such as having a performer, or setting up games, raffles, or a karaoke station, can ensure alcohol isn't the centerpiece of a company's holiday party.
Disability law expert Jonathan Mook of DiMuroGinsberg PC said employers should be "creative and inclusive."
"Feature nonalcoholic beverages, but also the food and activities, like games, so the people who are not consuming alcohol don't stick out," he said. "This stops them, for example, from being forced to explain why they're having a Coke and others are taking tequila shots."
"From an employers' perspective, that's just not a good situation," he said.
Bradley Arant Boult Cummings LLP partner Anne R. Yuengert said that in addition to offering alternative drinks and activities, employers should highlight them when workers are invited, and make sure they are readily accessible at the event.
"Have nonalcoholic drinks available and have them available obviously," Yuengert said. "It sends the message that we want everyone to come."
Experts also emphasized that businesses need to make the year-end celebrations optional to attend.
An alcohol-laden company event may be too difficult for someone recovering from a substance abuse issue, and it can also be a tough time for those struggling with their mental health, said Natalie M. Stevens, a veteran employment advisor and attorney with Zashin & Rich.
"Holidays are known to have significant effects on people with mental illness. So depression, anxiety, those tend to be exacerbated for some around the holidays," Stevens said. "Ensure that if people don't feel comfortable, or don't want to go, they don't feel obligated to."
Any gifts given to attendees should also be available to those who opt out, and employees shouldn't feel they're missing out on an important aspect of their job by skipping. So if there are work-related awards handed out, for example, Stevens said companies must make sure they're accessible to those who aren't in attendance.
"I always tell my clients, it should be optional," Stevens said. "However you want to frame that in communicating the message to their employees, make sure they truly understand that, so they don't feel forced to come."