Sexual Harassment Training Classes

In our Sexual Harassment Awareness training classes your employees will learn and apply the important skills of handling sexual harassment issues and complaints. This hands on class thoroughly addresses the elements of how to prevent unacceptable behavior. The class 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 classes 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 class and the costs for conducting it.

Sexual Harassment Training: Best Practices for Workplace Harassment Prevention

Overview
Harassment claims are bad for business. They hurt productivity and morale, can make it harder to retain qualified employees and can damage your organization's reputation through negative media coverage. Also, dealing with a harassment claim could cost hundreds of thousands of dollars in attorneys' fees, and even larger amounts in settlements, judgments, and punitive damage awards.

Preventing Lawsuits
Preventing lawsuits is the best solution. Our course developers include employment attorneys, HR directors, and former EEOC officials and everyone is in agreement—preventing lawsuits is far preferable to litigating them.

And the best way to stay out of the courtroom is by training your employees. In 1998, the United States Supreme Court held that an employer may assert an affirmative defense for sexual harassment in cases that did not result in a “tangible” employment action against the employee, such as termination or demotion, if the employer developed a prevention plan, trained employees regarding the plan, and showed that an employee did NOT reasonably attempt to take advantage of such corrective opportunities (did not make a complaint).
In the years since these rulings federal courts have almost uniformly applied the same standard in cases involving harassment based on race, religion, national origin, age, and disability.

Training Requirements
A number of states also require sexual and workplace harassment training (California, Cal. Gov’t Code § 12950.1(f); Maine, Me. Rev. Stat. § 807(3); Connecticut, Conn. Gen. Stat. § 46a-54(16)(A)), while a number of other states strongly recommend it. The fact is, preventing workplace harassment is the law
everywhere, with the Equal Employment Opportunity Commission recommending, “Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under title VII, and developing methods to sensitize all concerned.” § 1604.11(f).

Consequences
Even though the laws are clear, the EEOC resolved thousands of cases in 2007, including:

11,592 sexual harassment charges, recovering $49.9 million in monetary benefits for charging parties and other aggrieved individuals
25,882 race discrimination charges, recovering $67.7 million in monetary benefits for charging parties and other aggrieved individuals
7,773 national origin charges, recovering $22.8 million in monetary benefits for charging parties and other aggrieved individuals
2,387 religious discrimination charges, recovering $5.7 million in monetary benefits for charging parties and other aggrieved individuals
And these figures do not include monetary benefits received through litigation. Obviously, organizations have to promote more effective policies and provide better training.

What to Do
Adopt a workplace harassment policy that complies with U.S. federal law and the laws of any state in which you do business. A policy that complies with the laws of all fifty states is ideal for organizations who intend to grow nationally.

Post your policy in public areas and ensure the complaint process is easily visible. Ensure all current employees and supervisors and new hires (a) receive a copy of your workplace harassment policy and you have a record of their receipt, (b) understand the complaint process, and (c) are trained on your policies and the law and you have a record of that training.

All new hires, especially supervisors, should receive your policy and training immediately upon commencement of employment. Training should cover both sexual harassment and other forms of workplace harassment based on protected categories, such as race, national origin, religion, disability, and age.
The complaint process should allow an employee to bypass his or her current supervisor.

Reward employees whose actions prevent or correct workplace harassment.
Respond to complaints immediately, thoroughly investigate all complaints, and ensure that all involved parties are aware of your anti-retaliation policy.
Update your workplace harassment policy at least once a year to ensure it complies with the ever changing legal and regulatory environment.
Retrain supervisors and all employees periodically to ensure they are aware of any changes in your policies, the law, and your complaint process and to help maintain a culture that respects the contributions and dignity of all employees.

How Often to Train Employees
Supervisors - 2 Hours Every Other Year
EEOC guidelines state that, "An employer should ensure that its supervisors and managers understand their responsibilities under the organization's anti-harassment policy and complaint procedures. Periodic training of those individuals can help achieve that result."

In general, organizations should train its supervisors on workplace harassment prevention no less than two hours every other year. California AB 1825 requires two hours of classroom or other effective interactive training and education to supervisory employees every two years. While neither the United States Supreme Court nor the EEOC have quantified a specific amount of time required to assert an affirmative defense to hostile work environments, the requirements set in state laws provides guidance as to what is acceptable. While most organizations provide at least minimal training to employees and supervisors, what often happens after a complaint is filed is the investigation finds the parties involved have “missed” training for four, five or even more years—and the defense becomes unavailable.

To meet this requirement supervisors can take the following Inspired eLearning courses:

Although EEOC guidelines and Supreme Court decisions do not specifically define what "periodic" training means for non-supervisors, a best practice is to train all employees for at least 1 hour every other year on workplace harassment prevention. Handing out a policy is not enough.

For example, in Romano v. U-Haul International, a court held that a written policy against workplace discrimination alone did not suffice to prevent the award of punitive damages to the plaintiff. The company was not able to provide any evidence that they had "an active mechanism for renewing employees' awareness of the policies through…specific education programs." 233 F.3d 655 (1st Cir. 2000).

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