Employers with 50 or more employees are required to provide two hours of sexual harassment prevention training every two years. Most employers completed their training at the end of 2005. Those same employer are now looking to conduct the training again.
Some employers have decided to conduct the training in-house, or through Internet or computer-based training. Before you spend time or money on training that does not meet the minimum standards required by the newly enacted regulations, ensure the training is up to par.
The training must be conducted by:
- An attorney admitted for 2 or more years to the bard of any state and whose practice includes employment law; or
- A human resources professional or “harassment prevention consultant” with 2 or more years practical experience in providing sexual harassment training, responding to sexual harassment complaints, conducting investigation of sexual harassment complaints, or advising employers or employees regarding sexual harassment prevention; or
- A law school, college or university professor with 2 years experience teaching about employment law.
The training itself must last a minimum of 2 hours, although the hours can be broken up over multiple days. The training must include;
- A definition of unlawful sexual harassment;
- The statutory provisions and case law principles concerning the prevention of sexual harassment, discrimination and retaliation;
- Types of conduct that constitutes sexual harassment;
- Remedies available for sexual harassment;
- Strategies to prevent sexual harassment;
- “Practical examples” (i.e., case law, news and media accounts, hypotheticals) illustrating sexual harassment, discrimination and retaliation using training modalities such as role plays, case studies, and group discussions.
- The limited confidentiality of the complaint process;
- Resources for victims of unlawful harassment;
- The employer’s obligation to conduct an effective workplace investigation;
- Training on what to do if the supervisor is personally accused of harassment;
- The essential elements of an anti-harassment policy and how to utilize the policy (employees must sign and receive copies of the employer’s anti-harassment policy)
Many web-based or computer-based training programs do not meet these requirements. Additionally, if the trainer does not meet the minimum specifications, the training will not suffice. Employers that fail to provide the requisite training can be ordered to do so. You can guarantee that if you are ever involved in a sexual harassment lawsuit, your supervisors and HR employees will be questioned regarding the sexual harassment prevention training.
Our office is happy to review your training program or provide the required training. Our sexual harassment prevention training is tailored to your company. We can also “team teach” the training with individuals from your office who may not meet the training qualifications due to insufficient years of experience so that you can that the employee can conduct the training in the future.
Original article by Robert E. Nuddleman of Phillip J. Griego & Associates
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