‘Tis the season of workplace Christmas parties. These events are usually presented as relaxed and informal. Occasions in which staff are encouraged to fraternise and socialise outside of the constraints imposed by the office. Alcohol is made more readily accessible and the hierarchies present in the office begin to feel less visible. There is a perception that behaviour which would ordinarily be reprimanded will be excused. However, it is vital to be aware that these events still remain workplace functions. Despite the difference in atmosphere. Professional and legal expectations that apply during ordinary working hours remain. They do not disappear due to the change in setting. And Christmas party Harassment is never okay.
At this time annually, Christmas functions give rise to sexual harassment complaints. Many of which are commonly dismissed at the time as humour, friendliness or misunderstandings. However, in hindsight the victims are left feeling uncomfortable or unsafe. The consistent explanation of “banter” does nothing to alter the legal assessment. Christmas party harassment is assessed on the impact of the actions, not the purported intention behind it.
The following are eleven warning signs which occur commonly at office Christmas festivities. They will often be minimised or normalised. However, each can amount to sexual harassment under Australian law.
1. Unwelcome physical contact, masquerading as friendliness
Physical contact is one of the common causes of complaints which follow on from workplace social events. This can be a lingering hug, a hand placed on waists or lower backs, a kiss on the cheek or repeated pushing up against someone, under the guise of crowding or dancing.
Although some colleagues may feel comfortable with this kind of conduct, however consent can never be assumed merely because the setting is a social one. Physical conduct, which is unwelcome, repeated or continued after discomfort is expressed transforms from friendly into inappropriate party behaviour.
It is important that nothing goes to excuse this conduct. Whether it be alcohol, familiarity or seniority. The relevant consideration is whether the person being touched felt they were being pressured or put into an uncomfortable position. Not whether the person initiating the contact perceives it to be harmless. Also be aware it can be difficult to object to this conduct in the moment, particularly when it is paired with laughter from others, and undertaken in a public setting.
2. Sexual comments and jokes about appearance
Compliments about a co-workers choice of clothing, body or particularly attractiveness will often be perceived or brushed off as compliments during a social event. Sexualised remarks about one’s appearance are humiliating and often objectifying. This holds particular truth when these comments are made in front of other colleagues. These include statements that purport someone to be looking “dangerous,” “distracting” or particularly appealing. These comments will often be framed as light-hearted, especially after a couple of drinks.
Regardless of whether a comment is delivered as a joke or accompanied with laughter does nothing to minimise its effect. Remarks of such a nature will often place the receiver in an uncomfortable position. Particularly with objecting to its humour being associated with risks of being labelled as overly sensitive or humourless. Inappropriate party behaviour can be unwelcome even if framed as a joke, as recognised by Australian sexual harassment law.
3. Continual invitations even after refusal
Repeatedly and unwaveringly asking a colleague to drink, dance together, leave the party or continue the function elsewhere after they have declined is commonplace. It raises numerous significant issues. Refusals will be often brushed off as temporary or playful. An assumption is adopted by the perpetrator that the person will soon give in. Such a dynamic becomes dangerous especially with the involvement of alcohol or invitations extended by someone in a position of authority.
Valid refusals to invitations do not need to be repeated or aggressive. Once one has said no or clearly indicated a lack of desire or experiencing discomfort, continual pressure becomes inappropriate party behaviour. What is perceived by one as persistence can be coercion to another. Especially where power imbalances exist in the workplace context.
4. Intrusive questions
Questions are raised far more casually at social events, as opposed to within the workplace. These may surround a colleague’s relationship status, sexual orientation, dating life or future familial plans. While it is possible for some staff to be willing to share personal information, no employee is obliged to do so. Disclosing intimate aspects on one’s life with their colleagues will often be undesired. Particularly when the questions are repeated, unsolicited and sexualised they quickly transform into invasion.
When the questions are raised in group settings they can create a particular feeling of discomfort. Especially when declining to answer would draw attention or cause speculation. What may be intended as curiosity can feel like an intrusion into one’s private life. This is particularly the case when the topic relates to one’s sexuality or intimate, personal relationships.
5. Leering or suggestive looks
Christmas party harassment need not involve physical contact or words. Prolonged staring, repeatedly scanning another colleague’s body or making suggestive facial expressions will create a feeling of objectification. Or impression that someone is being watched. Such inappropriate party behaviour will often be minimised because it is difficult to articulate or recognise. However, many will be able to clearly identify when they are being perceived in a way which makes them uncomfortable.
Once again, the impact of such conduct will always lie in how the recipient is made to feel. The absence of explicit language or physical contact will not render the inappropriate party behaviour harmless. Persistent and continual leering can erode a person of their sense of safety and dignity. This can be especially dangerous when conducted in a social setting where escape will feel difficult.
6. Sharing explicit content, disguised as humour
Sharing explicit images on a phone or playing sexual videos or even spreading sexual jokes during a workplace event is completely inappropriate party behaviour. This is true regardless of the setting or location. Regardless of whether the conduct is intended to be humorous, it has the potential to expose other individuals to material they may not have consented to seeing. Although people may laugh along, this can often be out of discomfort, rather than genuine enjoyment. This may occur when the content is being shared by a senior colleague creating a dynamic of power imbalance.
Exposure to such content can trigger or distress many individuals. An assumption that everyone present has the same tolerance to such content, or sense of humour is not only wrong, but very dangerous.
7. Invasion of personal privacy
Taking a colleague’s phone, scrolling through their photos or commenting on personal images is also common inappropriate party behaviour. Particularly at social events. Such conduct will tend to be justified through intentions of playful curiosity. Though regardless, it can feel deeply violating and humiliating. Privacy does not cease to exist due to an informal setting.
Without free and open consent, accessing personal information or images is inappropriate party behaviour. Regardless of whether the inappropriate party behaviour takes place in a secluded setting or in a group, it can cause embarrassment and distress.
8. Sexualised oversharing disguised as openness
Particular individuals can often dominate social events with explicit anecdotes or sexual stories. Inappropriate party behaviour which can often be presented as humour or mere honesty. Openness can often be a positive trait in certain contexts. However, a detailed discussion of sexual preferences or past experiences is not appropriate within a workplace context. Colleagues may begin to feel trapped within a conversation. Or feel unable to disengage without drawing attention.
Silence in any context should never be mistaken for consent. No employee should have to endure discomfort in order to avoid confrontation or exclusion. This never means the inappropriate party behaviour is okay.
9. Sexualised labels or nicknames
Nicknames within a workplace will often focus on a staff member’s appearance or sexuality. They can be introduced jokingly at social, casual functions and can continue back into the workplace. This will shape how someone is perceived by their colleagues, and potentially alter treatment toward them even after the event has come to a close. What can begin as a simple joke has the potential to transform a staff member’s professional credibility and sense of identity.
The minute a label is attached to someone, it is difficult to oppose without being perceived as unable to take a joke, or overly confrontational. Such a workplace dynamic can have ongoing impacts upon relationships.
10. Alcohol pressure and exploitation
Arguably one of the biggest warning signs is encouraging excessive drinking, criticising those who decline alcohol or weaponizing intoxication as an excuse to cross boundaries. Whilst alcohol is not a cause of Christmas Party harassment it does lower inhibitions. Which can often lead to an exposure of already present and underlying attitudes. Pressuring the consumption of alcohol by one’s colleagues can diminish their ability to assert boundaries and deepen their vulnerability.
This behaviour is particularly concerning when combined with power imbalances. A person may feel unable to refuse alcohol or leave a situation without fearing professional consequences.
11. Ignoring discomfort and objections
A clear indicator that conduct has crossed a line into inappropriateness is disregard for one’s personal discomfort. If a colleague attempts to pull away from physical contact, avoids interaction or appears uneasy, this removes any ambiguity. Directly requesting for inappropriate party behaviour to cease is not the only way to express discomfort.
If the conduct continues after this point the issue is no longer one of misunderstanding. It has transformed into a conscious and continual disregard for one’s boundaries. Sexual Christmas party harassment does not generally occur because the line is unclear, but because it was ignored. Recognising discomfort, and subsequently respecting it, is vital to ensuring the workplace is a safe environment for all.
So why is “banter” not an excuse?
The general response to a complaint arising from a Christmas party will always be minimisation. The most frequently cited explanations are alcohol, humour or expression of workplace culture. However, national law recognises sexual harassment in an objective sense. It takes into account how the conduct would be viewed by a reasonable third party. In addition to how it impacted the victim.
Intent never outweighs impact. Ignorance is no bar to the law. Behaviour has the potential to be unlawful even when the individual engaging in it does not necessarily mean any harm.
The impact extends far beyond the event
Individuals impacted by inappropriate party behaviour within the workplace will endure its impact long after the party comes to an end. One may be riddled with anxiety surrounding returning to work, a fear of retaliatory action or damage to professional relationships. It is not uncommon for workers to leave their roles in order to escape the environment which has been made unsafe.
Employers will face significant consequences from failing to act. A complaint arising from a workplace function can lead to a legal claim, reputational damage for your workplace and a finding that your employer failed to fulfil their duty of care. Christmas parties are never exempt from legal workplace obligations.
Taking concerns seriously
No person should ever feel forced to tolerate behaviour which causes them discomfort just in order to not disrupt team harmony. Any conduct which leaves someone embarrassed, unsafe and uncomfortable within the workplace should always be taken seriously. Early support and qualified advice is critical in deciding what to do next.
An office celebration should never be paid for with a loss of dignity and comfort. Your entitlement to professionalism does not disappear at the end of the year.
Your Rights and Legal Options After Christmas Party Harassment
If you have been the victim of unwelcome, nonconsensual sexual conduct in your workplace, including at a social event, you should never have to endure it alone. Sexual Christmas party harassment is against the law, and you are entitled to legal protections against it. Regardless of whether it happened during working hours or in a social setting related to work.
Sexual Harassment Australia specialises in sexual Christmas party harassment claims in the workplace. Our nationally operating team has supported thousands of workers. Through pursuing matters in the Fair Work Commission, Equal Opportunity bodies and Human Rights jurisdictions. We are well aware of all the challenges you are facing following workplace sexual Christmas party harassment. Including legal, professional and personal. We are committed to ensuring your voice and rights are taken seriously.
Beware that strict time limits can apply to sexual harassment claims. Confidential and early advice can be critical to ensuring the strength of your claim. Especially if you are unsure where to start or whether the conduct you were subject to was unlawful. Contact Sexual Harassment Australia for free and confidential advice. 1800 333 666.
