ADA and Batman—by Robin

March 27, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcohol in the workplace

Alcoholism and drug addiction present complicated issues under the Americans with Disabilities Act (ADA). The ADA protects “qualified individuals with disabilities” – individuals who can perform the essential functions of their position (or the position they are seeking) with or without reasonable accommodation. “Disability” is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment.

Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of a “qualified individual with a disability” (and therefore not protected by the ADA) when the employer takes action on the basis of their drug use. However, the ADA may protect a recovered addict who is no longer engaging in the illegal use of drugs, who can meet the other requirements of the definition of “disability.” The ADA may protect an alcoholic who can meet the definition of “disability.”  Notwithstanding, the ADA has specific provisions stating that individuals who are alcoholics or who are currently engaging in the illegal use of drugs may be held to the same performance and conduct standards as all other employees.

In the event an employee engages in misconduct or poor performance due to alcohol or drug abuse, the employer is entitled to discipline the employee. If the employer determines that discipline is necessary, the nature of the discipline should be the same that it would be for any other employee for failing to meet the employer’s performance standards or who engages in similar misconduct.

An employee whose poor performance or misconduct is due to the current illegal use of drugs is not covered by the ADA. Therefore, an employer has no legal obligation to provide a reasonable accommodation and may take whatever disciplinary action is appropriate, although the employer can offer the employee leave or other assistance so that the employer may receive treatment. On the other hand, an employee whose performance or conduct is attributable to alcoholism may be entitled to a reasonable accommodation to obtain some form of treatment, separate and apart from any disciplinary action the employer may choose to implement, assuming the discipline is not termination.

Like Ben Affleck, if the employee self-discloses their alcohol addiction before any performance related issues or misconduct surfaces, then the employer would be required to offer a reasonable accommodation; perhaps time off or a modified work schedule in order to attend treatments. The Family and Medical Leave Act also applies to eligible employees who seek treatment for drug and alcohol related conditions.

While Ben Affleck decided to go public with his addiction, most employees do not. Employers must be mindful of confidentiality requirements to ensure that information relating to employees’ disabilities or accommodations are kept confidential. It is human nature for employees to be curious or perceive that certain employees are given preferential treatment. Regardless of any morale issue, employers must respond to such inquiries that they do not discuss one employee’s situation with another in order to protect the privacy rights of all employees.

What’s in a name? Bias in the workplace

March 13, 2017 - by: Katie O'Shea 1 COMMENTS
Katie O'Shea

As Shakespeare wrote, “that which we call a rose by any other name would smell as sweet.” But there is in fact much to a namea name can convey a sense of identity, culture, and family history. Recently, a series of viral tweets illustrated how much something as simple as a name could affect an individual’s employment.  Business woman versus man corporate ladder career concept vector illustration

A man and his female coworker conducted an experiment whereby they switched their e-mail signatures for two weeks. The series of tweets describes the man’s struggle to gain clients’ respect when using his female coworker’s name.

The experiment started when, because of a shared inbox, the man accidentally e-mailed a client with his female coworker’s signature line. He received a lot of pushback and attitude from the client. Upon realizing the mix-up with the e-mail signature , he switched back to his name and continued communicating in the same way with the client. He said he noticed an immediate improvement and positive reception from the client when he reverted to his real name. The man claimed his advice to the client never changed, only the fact that he was signing the e-mails with a man’s name instead of a woman’s name.

So the coworkers decided to switch names for two weeks. The man described his negative experience using his female coworker’s name, tweeting that everything he asked or suggested was questioned and that one client even asked if he was single. Meanwhile, he reported his female coworker had the most productive weeks of her career. The man stated he learned his female coworker had to convince clients to respect her, whereas he had an “invisible advantage” as a man. The woman also wrote her own account of the experiment and described sexism that many women face in the workplace.

While this is only one account, and by no means a scientific study, it is an interesting reminder to be conscious of gender bias and other biases in the workplace. Other Twitter users chimed in agreeing with this experience, and adding their own experiences where they had been concerned about how others would perceive them because of their name. For example, some Twitter users described concerns with how employers would perceive their names on their resumes. Some wondered if they should change their names to have a greater likelihood of success in obtaining employment because of unconscious biases.

Unconscious bias is a huge issue in the workplace and can affect who is hired, promoted, and valued at work. Discussing issues like biases can help bring the issue to light and create a company culture that acknowledges the problem and improves decision-making.

Our Brand is Crisis … prevention and management

March 06, 2017 - by: David Kim 0 COMMENTS
David Kim

Alleged communications with Russian officials, an Attorney General recusal, and claims of impermissible wiretapping. Guess you could say it’s been an active past few days in the world of U.S. politics. Heck, it’s been a flurry of activity for a while now, and more is certainly to come, starting with the revised executive order regarding immigration that was announced today. Crisis Averted

Interestingly, and perhaps appropriately, I happened to watch a movie called Our Brand is Crisis two days ago while flying home from a business trip. The 2015 movie, which is based on a 2005 documentary of the same name, is a fictionalized account of the involvement of American political campaign strategists during the 2002 Bolivian presidential election. As a form of entertainment, the movie has its flaws but does have a great performance by Sandra Bullock (and though I have heard the documentary is much better, I haven’t personally seen it yet). I won’t get into much in the way of specifics except to say that in the movie, Bullock’s campaign manager and her team decide that their “brand is crisis”namely, that their strategy is to declare and sell crisis (economic, cultural, and social) by whatever means necessary to promote their candidate.

Now, I think we can agree that selling crisis is a political maneuver that all campaigns and politicians, regardless of party affiliation, have used over the course of our nation’s history. Almost every candidate runs on a platform that he or she has the best plans to solve the voter’s problems, and this was no different with President Trump, who often cited the United States’ economic and immigration issues as reasons for a change from the Washington establishment. In today’s politically charged climate, however, selling crisis as a means to gather support or opposition is a virtual daily news cycle.

Opponents of the Trump administration claim that Trump went beyond the pale in promoting crisis and has not offered effective solutions and that the President’s allegations of impermissible wiretapping are simply a means to deflect from the administration’s issues by creating a new contention out of whole cloth. Supporters of the Trump administration claim that many in the media, and other individuals on the left, are improperly attacking the administration’s credibility and ability by stirring up unsubstantiated crisis, including claims of improper communications with Russian officials. Regardless of what side you agree with, the fact is that wherever you turn, crisis is front-page news.

What this means for employers

Obviously, from an employment and HR perspective, the approach is radically different. While politics may involve the selling of crisis to drum up support or opposition, running or managing a business necessitates procedures meant to prevent crisis, and to manage crisis effectively when it does rear its ugly head.

This doesn’t mean just from an employment perspective and the potential problems that could be raised due to employer-employee issues. This also includes nonemployment-related crisesthose that effect the business’ reputation, customer relations, and bottom line. In such cases, you not only have to recognize that such crises could eventually seep into employment-related issues and employee morale, but understand and think out of the box as to how you can use your employees in a positive manner within your organizational structure as a means to respond to this crisis, including reducing any potential negative impact. This means shifting the thinking of employees as a burden from a legal compliance point of view to understanding that employees at all levels can affirmatively be part of crisis prevention and be a visible and positive liaison to your customers and the world in diffusing the effects of a crisis that does unfold.

Regardless of the source of the crisis, effective internal communications are keys to crisis avoidance and management. Creation of appropriate policies and procedures, while of course integral, has no positive affect if the organization doesn’t carry out effective communication of those policies, appropriately follow those policies, and prepare ahead of time through scenario planning and messaging.

Be proactive and anticipatory. Provide training and test protocols. Define risk and react appropriately. Give employees the tools and means necessary to report issues so that you are aware before it escalates further. By taking these steps, you will not only limit the possibility of crisis within the workplace, but more importantly be able to manage that crisis if it comes up unexpectedly.

And the winner, uhhh….

March 01, 2017 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Everyone else is writing about it, so we may as well discuss it, too.  Unless you’ve been living in a cave, by now you are well familiar with the enormous gaffe at the end of the Oscars on Sunday night. For those of you walking out of your cave, here’s a quick rundown:  Warren Beatty and Faye Dunaway had the honor of presenting the award for Best Picture. One entered from stage right, the other entered from stage left.  They made their opening spiel, and introduced the films that had been nominated.  Then, it was time for the big moment.  They opened the envelope, read from the card, looked up to the crowd and the millions across the world watching on television…  Gold Oscar

And all hell broke loose.

They each paused for a long time, and looked at each other as if they didn’t know what to do. The audience laughed, thinking they were trying to create some fun tension. Then Ms. Dunaway took to the mike and announced that La La Land was the winner.

No one was particularly surprisedI understand it’s a great film (I haven’t seen it), and it’s been cleaning up at the other awards shows. The La La Land cast and team swarmed the stage to accept the award, and began offering their thanks. There was a problem, though:  they hadn’t won. The card had actually read, “Emma StoneLa La Land,” and was the card for another category.  Extreme embarrassment ensued, and Beatty and the La La Land folks had to practically drag the real winnerMoonlightup on stage. (After all, when your presenters are most famous for their roles in Bonnie & Clyde, you may be forgiven some skepticism.)

So what happened? The Academy posts assistants at each end of the stage with a stack of identical cards. Each co-presenter enters from opposite ends, and the presenter for that category gets a card. The assistant on the other side is then supposed to set his or her card for that category aside, not to be used. Sounds like a pretty good system, right? It’s always worked before, right? That didn’t happen here, though, and Beatty and Dunaway found themselves in a most uncomfortable position (although Steve Harvey is now off the hook).

Any system, regardless how well conceived, is bound to throw out a mistake at some point. The Oscars mishap is a good reminder not to substitute systems for your superior judgment. HR is in many ways a function of systems. Payroll is very systematized. Monitoring and compliance under the Family and Medical Leave Act (FMLA)  is often systematized, especially in larger organizations. Timekeeping systems run the gamut. Employers spend significant time and money devising these systems to render accurate data and results, just as they should.

However, even the best and most tried-and-true system is going to fail you at some point. Maybe some data will be entered incorrectly by mistake. Maybe a million other things will happen. These mistakes can cause significant problems on down the road; for example, a small fractional error could lead to an employee (or many employees) getting shorted on pay over time. Or someone on FMLA won’t get his or her full leave entitlement due to a mistake. The point here is not to surrender the final judgment to the system. If the system gives you a card that doesn’t look quite right, you shouldn’t trust the system over your own best judgment.

If you’re not comfortable with what you’re seeing, go back and check. Confirming that the right card was in the presenters’ hands would have been much less embarrassing at the Oscars than trying to correct the mistake in the middle of a celebration. The same will go for any situations with your employees.

Developing a PIP that will make employees comeback heroes—Tom Brady style

February 07, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

I’m sure you all watched or heard about the Super Bowl on Sunday night: Despite the fact that his team was trailing by 25 points, Patriots quarterback Tom Brady led New England on the greatest comeback in Super Bowl history. Brady’s season began with a four-game suspension for his involvement in the “deflategate” scandal and ended as Super Bowl MVP. It’s a comeback within a comeback. Despite not knowing much about sports, as a New Englander, I would be remiss if I let this opportunity pass without drawing some sort of analogy to HR. Because my law firm is based in Atlanta, I admit, I’m cowering just a little.  Patriots' parade in Boston for winning Super Bowl XLIX

As HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors by providing effective tools to help employees to do so?

When verbal counseling and written disciplinary action have not been successful at correcting performance-related deficiencies, a performance improvement plan (PIP) is often used as a means to correct performance and avoid termination. Developed and used properly, a PIP can be an effective tool. Here are recommendations for developing an effective PIP:

  1. Outline, with specificity, performance-related concerns, i.e., the reasons for the PIP. This section should be very detailed (in terms of facts and dates), include applicable requirements from the job description, and summarize/reference previous performance-related discussions/discipline.
  2. Establish specific quantifiable and realistic goals for the PIP so that the employee can clearly understand what is expected. The PIP should include consequences for failing to meet the goals.
  3. Provide a list of available tools. For example, the employee can be provided with training that targets any deficiencies, whether inside the organization or through a third party. Alternatively (or additionally), a mentor can be assigned to answer questions on an ongoing basis. The employee should be given an opportunity to discuss what tools he/she believes are necessary to meet the goals outlined in the PIP. The tools may change as the employee progresses through the PIP.  The employee should be given an opportunity during feedback meetings to discuss whether any additional tools are needed.
  4. The PIP should include a schedule for the feedback meetings, which should be frequent and meaningful. The employee should be aware of how he/she is progressing through the plan at all times. The meeting frequency may need to be adjusted depending upon how the employee is progressing. The discussions should be calm and free-flowing.
  5. The PIP should include a duration. The time period may need to be adjusted depending upon the particular circumstances. For example, if some progress is made and there is promise but the employee hasn’t yet reached a satisfactory level of performance, the time period may need to be extended.
  6. The PIP should be signed by the employee.

Hopefully, the PIP will result in the improvement in overall performance, even without the assistance of Lady Gaga falling from the sky.

 

The power of habit and HR policies

January 23, 2017 - by: Katie O'Shea 1 COMMENTS
Katie O'Shea

At the start of a new year, many individuals set goals and resolutions, hoping to change bad habits or form new ones. Exercising, eating healthy, reading more books, learning something new, and spending more time with family or friends are all common resolutions. 

But many of these well-intentioned goals and resolutions fall off days, weeks, or even months after people resolve to stick with them. After about three weeks into the New Year, how are your goals and resolutions coming along?

If you’ve found you haven’t been hitting the gym quite as hard as you’d planned, or that you’ve been unable to resist those sugary treats you vowed to give up, you may personally benefit from picking up the book The Power of Habit by Charles Duhigg. The book delves deep into the science behind our habits and how to transform them.

In addition to focusing on how individuals can change habits, however, the book also explores how institutional habits can change in huge companies. Perhaps your organization has also started out the year by setting goals for tasks to accomplish this year. However, just as changing habits can be difficult on an individual level, changing habits and company culture on an institutional level can be even more challenging.

The book discusses how focusing on certain so-called “keystone habits” can help transform other areas of an organization. For example, in one case study, the book delves into how a new CEO of a huge international company transformed the entire organization, its habits, and ultimately its bottom line, all by focusing on safety. Safety was a keystone habit that management, employees, and the union could get behind. By focusing on changing safety habits to make the workplace safer, employees and management rallied around a common goal. In doing so, the company changed its safety policies and encouraged a culture of open communication. By demonstrating that the company was serious about hearing feedback from employees on how to improve safety, employees began to feel comfortable sharing other ideas as well, such as ways to increase efficiency. Soon, the company had both dramatically reduced injuries and increased efficiency, and in turn profits soared.

Now is a good time to seriously evaluate and audit company HR policies to determine not only if they comply with the law, but also if they contribute to good habits and company culture. If not, it may be time to attempt to find ways to transform those habits. I recommend adding The Power of Habit to your “to read” list both to benefit you personally, and to benefit your organization.

Baseball purists

December 13, 2016 - by: Matt Gilley 0 COMMENTS
Matt Gilley

“Puritanism: The haunting fear that someone, somewhere, may be happy.”

-H.L. Mencken

This post may not be the usual finger-wagging scold you may have come to expect from an employment lawyer. I’m confident, though, that this blog’s audience of fellow practitioners and human resource professionals will take a little solace in it. After all, it’s no fun to be a killjoy and we are thrust into that role more often than we’d like.  Young male baseball referee blowing a whistle

Why? Because potential liability under the employment laws too often compels us to manage to the lowest common denominator.

That frustrating fact claims its share of fun as casualties because you never know when some yahoo is going to take the fun well beyond harmless. Witness the latest casualty, as reported by the Washington Post: Major League Baseball’s new collective bargaining agreement will prohibit (well, curtail) the time-honored practice of rookie hazing.

As reported by the Post (quoting the Associated Press), the new CBA “bans players from ‘requiring, coercing or encouraging’ other players to engage in ‘dressing up as women or wearing costumes that may be offensive to individuals based on their race, sex, nationality, age, sexual orientation, gender identify or other characteristic.’” Gone are the days, the Post mentions, when the Washington Nationals dressed their rookies as gymnasts and ballerinas, or when the Dodgers outfitted Yasiel Puig as Gumby. In other words, grizzled MLB veterans can’t poke some good-natured fun at rookies by putting them in a Marilyn Monroe wig because there’s probably some perverted vet out there who’s going to torment a rookie until he streaks the field wearing who-knows-what.

Now, I don’t blame you a bit if you read that last paragraph and decided that Major League Baseball and the players’ union have done us all a very big favor. On the other hand, friendly ribbing and joking can go a long way to develop chemistry and camaraderie among a teamwhether it’s a baseball team or a business unit. The trick, of course, is knowing when it’s crossed the line, and that’s a terribly difficult line to draw (“good-natured” and “fun” being in the eye of the beholder and all). Unfortunately for us, the easiest way to navigate safely among Title VII of the Civil Rights Act of 1964, the National Labor Relations Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and all of the other employment statutes is to put the kibosh on as much of it as you can.

I wish I had some more cheering news. No one enjoys telling a good employee that they can’t pull a harmless prank because a real-world Bluto Blutarsky may stalk among us, primed and ready to take that inch and go 100 miles more. Until we all grow up, though, we may just have to accept the unwanted mantle of the Puritan crusading against fun. And there’s one thing we know about adult humans: we don’t always act like adults.

Peter Dinklage takes on Elf

December 05, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame.  Of course, I won’t tell anyone if you already had your tree up in November (like me) or if you never took it down from last year.  One of my favorite Christmas movies is Elf, starring Will Ferrell.  It is surprisingly packed with various employment law issues, such as employee substance abuse at work, sexual harassment, and workplace violence.  In one of the more memorable scenes, Peter Dinklage’s character, Miles Finch, demonstrates how good intentions can still lead to a harassment complaint.  Facepalm, retro disappointed man slapping forehead, d'oh!

As background, Will Ferrell’s character, Buddy, has been raised as one of Santa’s elves and only recently learned that he is actually human. He has tracked down his biological father, who works for a children’s book publisher in New York City. Unaccustomed to the human world and innocent to its realities, Buddy has difficulty adjusting to life in the Big Apple and working in his father’s office.

Cue Peter Dinklage, who steals the scene wherever he goes.  His character, Finch, is a best-selling children’s author ready get down to the business of pitching his latest book ideas. Finch, like Dinklage, is a busy, high-powered professional who also happens to have a form dwarfism. Tensions flare when Buddy barges into the room and innocently mistakes Finch for one of Santa’s elves. Unaware that Buddy was actually adopted and raised by Santa’s elves, Finch is understandably insulted and upset by Buddy’s elf comments. Finch tries to remain professional but quickly reaches his breaking point when Buddy calls him an “angry elf.” Finch then initiates his own trial by combat and attacks Buddy before storming out.

This is a great example of how even the most well-meaning employee can unknowingly engage in conduct giving rise to a harassment complaint. As the Equal Employment Opportunity Commission (EEOC) has explained, harassment is unwelcome conduct that is based on a protected status such as disability, race, color, religion, sex (including pregnancy), etc. It becomes unlawful where (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Had an employee complained about conduct like Buddy’s, the employer’s best practice would be to investigate immediately,  interview potential witnesses, provide the accused employee with an opportunity to tell his/her side of the story, and take prompt remedial action reasonably designed to end any harassment. Other best practices include regular employee and supervisor training as well as having a strong harassment policy clearly stating that harassment will not be tolerated, the various avenues for reporting such issues, and that retaliation will not be tolerated. I’ll leave the workplace violence issue for another post.

Thankfully for Buddy, his tale ends on a cheerful note and teaches us that the best way to spread Christmas cheer is singing loud for all to hear. In the meantime, what’s your favorite color?

 

Mila Kunis’ open letter on gender bias at work

November 29, 2016 - by: Katie O'Shea 0 COMMENTS
Katie O'Shea

Many people know actor Mila Kunis for her role in the TV series “That ’70s Show” and her film roles in Forgetting Sarah Marshall and the drama Black Swan. Kunis has recently been in the headlines for her open letter on sexism in Hollywood and the workplace entitled, “You’ll Never Work in This Town Again…” originally posted here.Accusation. Sad woman looking down fingers pointing at her

In the letter, Kunis discusses some of her personal experiences, including being told by a producer that she would never work in Hollywood again after she refused to pose semi-naked on the cover of a men’s magazine to promote a film. Kunis explained that she felt objectified and that the threat that her career would suffer because of her refusal embodied the fear that many women face with gender bias in the workplace. She explained her view about how many women feel–that if they speak up against gender bias, their livelihoods will be threatened. Because of her career success and financial ability, Kunis explained she is fortunate to be in a position where she can stand up against gender bias and bring it to light when she experiences it, but recognized that many women may not be able to do so.

The letter also discusses the fact that a pay gap still exists between women and men. In Kunis’ view, this is one of the ways women’s contributions are undervalued in the workplace. She also highlighted that subtle gender bias can be imperceptible or undetectable to those who share the bias and that women may face “microaggressions” that devalue their contributions at work. For example, Kunis cited a time when a big producer referred to her as “[o]ne of the biggest actors in Hollywood and soon to be Ashton’s wife and baby momma!!!” Kunis wrote that describing her in relationship to a successful man and her ability to bear children reduced her value and ignored her contributions.

It’s important to recognize blind biases that may occur in the workplace, just as employers also must recognize overt sexual harassment or sexism. As Kunis highlights in her letter, however, many people may be unaware of their blind biases and it’s important to address them and educate people on their biases. If employers don’t adapt and address sexist microaggressions, they risk losing talented women in the workplace. As Kunis concludes her letter, “I will work in this town again, but I will not work with you.”

Office Christmas Party–strategies to avoid the legal fallout

November 10, 2016 - by: Robin Kallor 0 COMMENTS
Robin Kallor

You may be wondering why I selected to write about a movie that is not yet in the theaters.  Truthfully, I do not need to see the movie to write about its relevance to HR issues. In fact, all that’s necessary is to read the title—Office Christmas Party.

Yes, we are in Human Resources. What that means is that when others look forward to getting dressed up and celebrating year-end with their colleagues in a laid-back social setting for which the company often spares no expense, we HR professionals get stomachaches in anticipation of the event. When others spend time at the party kicking back and enjoying a couple of cocktails at the five-hour open bar, we spend our time in a corner covering our eyes or doing damage control. While others need the next day off to nurse a nasty hangover, we HR professionals are “up and at ’em”—again doing damage control. We are the stiffs, the Grinches, the Scrooges. Even during the planning stages, the more fun the party sounds, the louder the screeches in our brain become.

Understand why we are like this. This is not a “chicken or the egg” situation, and we were not born this way. We are this way—complete buzzkills—because NO GOOD COMES FROM A LOT OF ALCOHOL AT WORK-Sdrunk businessman drinking champagne wearing xmas santa hatPONSORED EVENTS. It sounds fun, but we all have to go to work the next day, and what happens in Vegas doesn’t stay in Vegas. Ever. In fact, there is a nonstop flight from Vegas over to the water cooler or the Keurig.

Keeping with that mantra, here are some handy tips to keep in mind when planning your next holiday party:

  1. Send an e-mail or memo reminder to employees before the holiday party. While I can see employees’ eyes rolling, it’s always prudent to send out a memo or e-mail to employees before the party reminding them to limit alcohol consumption and to dress appropriately. The reminder should also reiterate that employees are expected to adhere to the company’s antiharassment rules.
  2. Limit alcohol served. As stated above, nothing good comes from too much alcohol at work functions. Therefore, consider having the bar open for a limited period of time at the beginning of the event as opposed to the entire party. Additionally, consider handing out a limited number of drink tickets per guest.
  3. Make arrangements with a local taxi company for return rides. To reduce risks associated with driving under the influence, the company should make arrangements with a local taxi company to provide employees who have consumed too much alcohol with return rides home. This will avoid giving employees control over the decision at a time when they are tired and unwilling to make their own arrangements.

Consider other alternatives to the “all-out” holiday party—possibly a nice luncheon during the workday without alcohol, a family-friendly weekend afternoon gathering, or some sort of group activity.

In sum, I don’t feel the need to see the movie; just reading the title sends my blood pressure rising.

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