Sexual Harassment Training Courses
In our Sexual Harassment Awareness
training courses your employees will learn and apply
the important skills of handling sexual harassment issues
and complaints. This hands on course thoroughly addresses
the elements of how to
prevent unacceptable
behavior. The course includes a detailed
overview of what sexual
harassment is, explains legal definitions, discusses sexual
harassment prevention, and shows how to handle sexual
harassment complaints and maintain a positive work
environment.
For more information about individual sexual harassment
training courses please complete
this form. Once the form is received one of our
consultants will provide you with a confidential proposal
that will include a detailed description of the training
course and the costs for conducting it.
Sexual Harassment Training:
Appeals Court Clarifies Principles Applicable to Hostile
Environment Sexual Harassment Cases
A United States Court of Appeals
recently reviewed some of the basic principles applicable
to hostile environment sexual harassment cases.
The Court noted that a hostile working environment is a
single unlawful practice under Title VII of the Civil
Rights Act of 1964. A charge of discrimination based on
such a practice covers all events during that hostile
environment, if the charge is filed within 300 days (180
days in some states) of the last act alleged to constitute
the discriminatory working condition.
Hostile working conditions at a single place of employment
are a single unlawful practice. Title VII creates
responsibilities for employers as entities. Employers may
not turn a practice that an employee believes to be a
single practice into two or more distinct practices by
relying upon how it chooses to organize its workforce into
divisions or departments.
The Court observed that most employers allow plant
managers and human resource departments to control working
conditions plant-wide. When a single managerial staff or
chain of command decides to permit the men in the
workplace to make life miserable for the women, that is a
single unlawful practice whether or not a particular woman
moves from one operating unit to another within the same
plant.
The Court also stated that even if an employer takes steps
to try to eliminate hostile work environment conditions,
the employer's actions have no impact upon the duration of
the unlawful practice challenged by the employee or to the
evidence that an employee may offer when alleging hostile
work environment sexual harassment violations. Rather,
evidence of corrective actions taken by the employer goes
only to the issue of whether the employer is responsible
for the conduct alleged to constitute the hostile working
environment.
Many unwelcome acts will not be imputed to the employer if
the employer responds reasonably to discriminatory
conditions. An employer can be liable where its own
negligence is a cause of the harassment. An employer is
negligent with respect to sexual harassment if it knew or
should have known about the conduct and failed to stop it.
Negligence sets a minimum standard for employer liability
under Title VII.
If an employee unreasonably fails to take advantage of
preventive or corrective opportunities for discrimination,
and the employer consequently does not know about the
problem, then the employer cannot be held liable.
Nevertheless, the Court noted that even if the employer
raises these defenses, an alleged victim of hostile
environment sexual harassment can still proceed with the
claim and introduce evidence to support it unless the
employer's evidence concerning its defenses is so
overwhelming that there can be no doubt that the employer
should prevail.
This case reminds all employers that it is important to
have a clear written policy concerning sexual harassment,
ensure that the policy is communicated to all employees,
that management receives training on the subject of sexual
harassment, that allegations of sexual harassment are
taken seriously and promptly investigated, and that any
instances of sexual harassment are dealt with promptly and
decisively by the employer.
Source: Russell J. Thomas,
Jr.
link
