Michael Kantor, left, and Brooke Ehrlich, right, associates with Weiss Serota Helfman Cole & Bierman in Fort Lauderdale.

Yes, it is that time of the year again. Time for the annual holiday party. It is an opportunity for celebration, appreciation and general good cheer … until someone crosses the line. As lawyers who specialize in labor and employment law, holiday parties are a favorite topic because there is no shortage of colorful examples of what not to do.

This year, instead of our usual list of “Do's and Don'ts,” we decided that the ghosts of holiday parties past could offer some helpful advice for avoiding legal liability. So pour yourself some eggnog, don your Santa hat, and learn from the Scrooges of actual lawsuits arising from holiday parties gone wrong.

The Designated Driver Who Couldn't Keep His Hands on the Wheel

In 2005, one male supervisor tried to be responsible by personally tending the open bar and serving as a designated driver, see Benjamin v. Anderson, 327 Mont. 173 (2005). He ran into major trouble while driving home an intoxicated female subordinate, who alleged that he initiated sexual contact with her in his car. Even though the company had enough foresight to establish a policy to prevent intoxicated employees from driving, the real-world application of this policy came up short. The employee was eventually awarded $75,000 in emotional distress damages. It's safe to say the ghost of this Christmas past will continue to haunt the employer.

The lesson? Planning sober transportation for your employees is always a good idea, but don't forget that it should also be safe and harassment-free.

The X-Rated Hypnotist

At its 2004 Christmas party, a bank hired a hypnotist as entertainment for the evening, see Clarke v. Bank of Commerce, 506 F.Supp.2d 851 (N.D. Okla. 2007). The hypnotist gave an “X-rated” performance, which included comparing the size of men's penises and convincing a hypnotized woman that she could see a co-worker's penis. Several female employees sued the bank under Title VII, alleging that this performance created a hostile work environment. Although the federal court eventually granted summary judgment in favor of the employer bank, the hypnotist's lasting mental imagery (as well as the bank's embarrassment and legal fees) should serve as a valuable lesson for your future fete. Make sure to thoroughly vet all performers and pre-approve the entertainment planned for your holiday party.

Blackface Is Never OK

Speaking of inappropriate entertainment, in 1998, a multinational company held a Christmas party featuring a Dutch skit in which Santa's helpers were white children with their faces painted black, see Pickens v. Shell Technology Ventures, 118 Fed.Appx. 842 (5th Cir. 2004). During the course of the skit, employees in the audience directed racially insensitive comments toward a black employee. The employee (and others) later brought a Title VII action against the employer, alleging that the employer created and encouraged a hostile work environment. As funny as most holiday party horror stories are, blackface is no laughing matter.

Microphone Mayhem

In 2015, employees at a marketing company were shocked when their male managing partner grabbed the microphone during the holiday party and asked all of the “hoes” to “get on the dance floor and drop it like its hot.” While we might all remember Snoop Dog's 2004 hit single, quoting Snoop at a work function is a risky proposition. As a general rule, we suggest that employers refrain from asking their employees to “twerk,” “get low” or “shake it” at the office holiday party.

It should go without saying that it is never a good idea to pick up a mic while intoxicated (we can only assume the partner was intoxicated at the time). Fortunately for this unlikely emcee, his antics only resulted in a severe reprimand and anti-harassment training.

Special thanks to the ghosts of these holiday parties past for offering up some valuable lessons. Best wishes for a happy (and lawsuit-free) holiday season!

Michael Kantor and Brooke Ehrlich are associates in the Fort Lauderdale office of Weiss Serota Helfman Cole & Bierman.