Sexual Harassment Training

In our Sexual Harassment Awareness training seminars your employees will learn and apply the important skills of handling sexual harassment issues and complaints. This hands on workshop 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 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 seminar and the costs for conducting it. 

Sexual Harassment Awareness Training: Harassment Responses and Discipline - Preventing Harassment

The swift, accurate, and suitable resolution of harassment complaints can limit damages or, in the case of hostile environment claims, shield you from liability. Find out how to decide what discipline, if any, is proper.

Do you know what your obligations are to take disciplinary action if your harassment policy has been violated? Or, in situations where it is not clear that harassment actually took place, do you know how to prevent future harassment?

How you respond often will be the determining factor in either preventing or provoking discrimination claims. A weak reaction is no defense and may increase your legal exposure.

Alternatively, you don't want to be too heavy-handed. A reflexive or too harsh response, such as an automatic suspension or termination without regard to the severity of the conduct, may needlessly provoke a legal claim by the alleged harasser. Fortunately, however, there are several simple steps you can follow to help determine the appropriate discipline.

Duty to Prevent Harassment Your duty both to prevent workplace harassment and to take swift action to remedy it is well established. Title VII of the Civil Rights Act prohibits harassment or a work environment that is abusive to employees because of their race, gender, color, religion, or national origin. In addition, the Americans with Disabilities Act has been interpreted to prohibit harassment based on an individual's disability.

Although the most common harassment claims involve allegations of sexual harassment, the same legal analysis applies when the offensive behavior is aimed at any legally protected class. Most states also have laws forbidding workplace harassment, as do many cities and other local governmental authorities.

When Your Harassment Policy Has Been Violated Of course, discipline is generally one of the last steps in any harassment procedure. It should follow only after you have conducted a thorough and prompt investigation, interviewed all involved parties, and carefully weighed the evidence. If you conclude that your harassment policy has been violated, disciplinary action is then the next step.

As a general rule, your disciplinary measures should take into consideration the nature and seriousness of the harassment and should also reflect whether it is the first violation of the policy, or part of a broader pattern of harassment. In addition, you should follow your organization's standard disciplinary guidelines and make sure your action properly matches any similar past precedents.

Courts and the Equal Employment Opportunity Commission (EEOC) generally agree that in order to escape liability under Title VII employers must take appropriate remedial action that is "reasonably calculated" to stop the harassment and prevent any future occurrences. In addition, the disciplinary measures should also be appropriate to the seriousness of the offense.

Of course, for any discipline short of termination, the harasser should be warned that further incidents will not be tolerated and will result in additional action.

No Violation of the Policy If you investigate a complaint of harassment and determine that your policy was not violated, you should not take any action against the accused harasser or retaliate against the complaining employee. You should, however, explain in appropriate detail to the complaining employee why the evidence did not support the claim.

You also need to be prepared for the complaining employee's dissatisfaction with your decision. As a safety valve, most employers invite the employee to submit any further evidence and assure her that it will be investigated. In addition, you should remind the employee that she may appeal the decision using your normal complaint resolution procedure. Any empathy you show for the complaining employee's concerns will help neutralize the type of emotional reaction that often leads to a claim with the EEOC or to a lawsuit.

Inconclusive Investigations Unfortunately, there often are circumstances when the results of the investigation are inconclusive or your findings are ambiguous. However, even in these instances, you should not dismiss the complaint lightly or without explanation. Any apparent lack of concern may aggravate the problems between the complaining employee and the alleged harasser, and signal to other employees that your harassment policy is ineffective.

To preserve the integrity of your policy, you should explain to the complaining employee why the evidence was inconclusive. You also should express the organization's commitment to its policy and assure the employee that the alleged harasser will be warned about the consequences of any inappropriate conduct. In addition, you should explain the appeals process and encourage its use if she feels the decision was unfair.

Finally, if there appears to be evidence of a continuing conflict between the two parties, you should attempt to resolve it or take some nondisciplinary action to ensure it does not continue. This action can include the transfer of one of the parties or the reassignment of job duties. Remember, however, you must be sure that any action taken does not appear to be retaliatory to the complaining employee, such as a demotion or a transfer without her agreement.

Follow Up on Effectiveness of Remedial Action Whatever action you take, you must follow up to ensure that there is no retaliation and that no new incidents occur. This step is crucial because, even if your initial remedial action was sufficient, you have an ongoing legal obligation to respond if the harassment continues or intensifies.

This follow-up can be particularly important in situations where the alleged harasser receives only a warning or written reprimand, and then continues to work with the complaining employee. Courts often have noted that, while a verbal warning and counseling may be very effective initial steps, the employer has a further duty to make sure the harassment does not continue or recur. It is not enough for you to "cure" one symptom of harassment if you do not address the entire disease.

In addition, any discipline you impose should be documented and communicated to both the complaining employee and the harasser. You should assure the complaining employee that the harasser's conduct will be monitored and encourage her to report any subsequent harassing or retaliatory conduct.

Both parties also should be given the opportunity to express any dissatisfaction with the outcome and to appeal the decision. An appeals process conveys additional fairness and impartiality and may encourage both sides to accept the final decision as the product of a fair and complete process.

Take Action to Resolve Harassment Recent cases addressing workplace harassment show clearly that an employer's prompt and effective response is key to limiting liability. However, appropriate discipline should be just one step in your overall prevention and resolution strategy.

You also should have a strongly worded policy prohibiting harassment and encouraging complaints, should train your employees about the policy, and should implement a complaint procedure to investigate and resolve complaints in a timely fashion. By taking these actions, you can both help prevent liability for harassment and, just as importantly, create a productive work environment.

Source: Robin Thomas link