{"id":14650,"date":"2022-12-07T16:59:09","date_gmt":"2022-12-07T16:59:09","guid":{"rendered":"https:\/\/www.bfvlaw.com\/?p=14650"},"modified":"2022-12-07T17:00:08","modified_gmt":"2022-12-07T17:00:08","slug":"nfl-drinking-incidents-serve-up-lessons-for-holiday-parties","status":"publish","type":"post","link":"https:\/\/www.bfvlaw.com\/nfl-drinking-incidents-serve-up-lessons-for-holiday-parties\/","title":{"rendered":"NFL Drinking Incidents Serve-Up Lessons for Holiday Parties"},"content":{"rendered":"

It is the holiday season and employers across the country are planning holiday parties. While holiday parties can provide opportunities to bolster employee and client relationships, they can lead to all sorts of problems when alcohol is served.<\/p>\n

Two high-profile alcohol-related incidents in the NFL have drawn attention to alcohol use and the enforcement of alcohol use related policies.<\/p>\n

NFL\u2019s Renewed Focus on Alcohol
\n<\/strong>The NFL prohibits alcohol on team planes or buses. Despite this rule, following an upset win over the Philadelphia Eagles, Washington Commander quarterback Taylor Heinicke was taped on the team plane with beer in his hand and cans beside him. The NFL office is looking into why alcohol was being served on the plane.<\/p>\n

In an unrelated incident, Tennessee Titans offensive coordinator Todd Downing was arrested<\/a> on suspicion of DUI and speeding. According to the Tennessee Highway Patrol, Downing was pulled over at 2:30 a.m. CT and was booked two hours later.<\/p>\n

Following these incidents, NFL commissioner Roger Goodell sent a memo to all teams reminding them of the League\u2019s policy prohibiting alcoholic beverages, stating: \u201cThis policy has been in place for many years. Making alcohol available at club facilities or while traveling creates significant and unnecessary risks to the League, its players, coaches and others. Violations of this important policy will be taken seriously and will result in significant discipline.\u201d<\/p>\n

Significance to Employers
\n<\/strong>Employers have a legal duty to ensure a healthy and safe work environment.\u00a0 This duty applies to work-related social events including office holiday parties that occur off company premises.<\/p>\n

While serving alcohol at company events is not illegal, excessive alcohol consumption heightens the risk of inappropriate conduct that can lead to liability in a variety of ways:<\/p>\n

DUI and Liability Vicarious Liability
\n<\/u>When an employee is drinking at a company event, an argument could be made that a traffic-related incident occurring after the event is within the scope of employment. This could render the employer liable under the legal theory of respondeat superior.<\/p>\n

The Todd Downing DUI incident illustrates the risk of an intoxicated employee getting behind a wheel and endangering the employee\u2019s safety and the safety of others. If an automobile accident occurred in this situation, Downing (as the employee) and the Titans (as the employer) would likely be sued regardless of whether the Titans were responsible for the incident.<\/p>\n

Alcohol Dependency
\n<\/u>The mental health of employees who may be dealing with alcohol addiction is often overlooked. \u00a0According to the National Center for Drug Abuse Statistics<\/a>, 1-in-10 Americans over the age of 12 have Alcohol Use Disorder.<\/p>\n

Since the COVID-19 pandemic, alcohol abuse has been increasing, with an astonishing 60% of Americans<\/a> increasing their alcohol consumption during the COVID-19 lockdowns. Now more than ever, employers should be sensitive to employees who may be battling alcoholism and realize that providing alcohol at an event could trigger a relapse or abuse.<\/p>\n

Sexual Harassment
\n<\/u>Alcohol abuse can also lead to incidents of offensive conduct including, but not limited to, sexual harassment<\/a>. In EEOC v. Elite Wireless Group, Inc<\/em><\/a>, the EEOC filed a lawsuit against a California retailer alleging that following an office holiday party, a managerial employee sexually assaulted one of his direct reports in a hotel room. There have also been studies that show a correlation between drinking alcohol and incidents of sexual assaults and sexual harassment. Anecdotally, I have handled several sexual harassment claims where the alleged perpetrator was intoxicated.\u00a0 These incidents happen more often than you might think.<\/p>\n

Employer Tips
\n<\/strong>In the wake of alcohol related incidents, the NFL reminded its teams of its rules about alcohol and the NFL\u2019s commitment to enforcing them to avoid future incidents and the negative consequences that follow. Employers should take notice of the NFL\u2019s action and understand that consuming alcohol in the workplace can lead to liability in a number of areas and also be detrimental to the mental health of their employees.<\/p>\n

In light of these concerns, below are some tips for employers who choose to serve alcohol at company holiday parties and events:<\/p>\n