Sexual Harassment Training Flashcards
Effective January 1, 2020, employers must provide sexual harassment prevention training totemporary or seasonal employees within 30 calendar days after the hire date or within 100 hours workedif the employee will work for less than six months. In the case of a temporary employee employed by a temporary services employer to perform services for clients, the training must be provided by the temporary services employer, not the client. Employers have an obligation to prevent sexual and other unlawful harassment in the workplace. In addition to establishing a policy prohibiting sexual harassment and setting out a procedure for making complaints, training can be an effective means for preventing harassment in the workplace.
- In addition, if an employer has a one-size-fits-all policy for sexual harassment prevention, it may not work if that employer is obligated to follow different laws across multiple jurisdictions.
- Another challenge for employers is the vast number of laws across the country relating to the prevention of sexual harassment in the workplace.
- They are expected to have policies and procedures in place to help ensure incidents are reported and, when they are, to guarantee they are handled properly.
- Having a patchwork quilt of training requirements across jurisdictions makes it difficult for employers to ensure all training obligations are met.
- Employers face challenges on multiple fronts with respect to handling sexual harassment in the workplace.
Then, have supervisors attend a separate session addressing their responsibilities for preventing harassment and appropriately responding to complaints. These laws vary depending upon the jurisdiction – from the level of employee required to receive the training to the content and format of the training to frequency of the training. Additionally, in the pre-employment life cycle we have seen companies incorporate similar trainings to associates who are part of the interview process. Several states have also mandated that employers distribute state-created information sheets on sexual harassment.
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Sexual harassment training should be part of your onboarding program for new hires. Review your training annually to make sure it is still relevant and complies with all applicable laws. Employers should ensure that their harassment training programs are high quality, relevant, easy to follow, and up-to-date with evolving requirements. UnderLocal Law 96 of 2018, employers with 15 or more employees are required to conduct annual sexual harassment prevention training for all employees. New York State Law requires that employers of one or more employees must conduct sexual harassment prevention training for all employees. Some states, such as California, Connecticut and Maine, mandate that employers provide sexual harassment training for supervisors.
Not only is sexual harassment training a best practice among all employers, it may also be required by law in some states. The laws vary depending upon the jurisdiction ― from the level of employee required to receive the training; to the content and format of training; to frequency of harassment. For instance, in early 2018, a new law effective in California required sexual harassment training for supervisory employees for employers with 50 or more employees. That same calendar year, during the subsequent legislative session, California enacted a new law for employers with five or more employees, requiring training for all supervisory and non-supervisory employees. While other jurisdictions may mandate training for manager-level-only employees, some, like California, require it for all employees. In Canada, harassment and sexual harassment are prohibited under employment standards, human rights, and occupational health and safety laws in most jurisdictions. In some cases, training isn’t certified to meet requirements in certain states.
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Do they know what to do if they experience harassment directly or witness sexual harassment as a bystander? New laws provide specific guidance to help ensure employers provide adequate training on sexual harassment prevention. Attendees, generally employees, are trained on what constitutes sexual harassment; how they may report incidents; how investigations are carried out; and what remedies are available to individuals who experience harassment. Smart employers recognize effective sexual harassment training is an important part of creating a workplace that is safe for everyone. Many organizations are experiencing a rise in in workplace harassment complaints and strong training, whether legally required or not, is necessary to address harassment in the workplace. Sexual harassment training serves many purposes – education, compliance with laws, and risk mitigation.
And, most importantly, anti-harassment training does not necessarily relieve employers of their duty to provide employees with a safe work environment. In other words, employers may still face liability if their employees encounter harassment in the workplace—even if the employer provides abundant anti-harassment training. Harassment in the workplace can damage your employee’s morale and your company’s effectiveness. That’s why it’s so important to purchase harassment prevention training which is current, relevant and meets California’s compliance requirements. “When faced with a potential lawsuit, usually the first question your counsel will ask is whether your employees have received sexual harassment prevention training.” While it is recommended that all employees receive sexual harassment training, it is a best practice to have separate sessions for supervisory employees. Consider having the entire workforce sit in on a general session that covers the company’s policy, provides definitions and examples of sexual harassment, and identifies procedures for reporting harassing behavior.
This may be a top-down, cultural effort to help foster more inclusion and respect in the workplace, as training alone is not enough to end harassment. Training may, however, help serve as a foundation for a proactive shift toward improving company culture. Does everyone in your organization know what sexual harassment is?
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Both Illinois and New Jersey have proposed bills during their 2019 legislative sessions aimed at restaurant industries, requiring certain employers to have specific training and other policies in place to handle sexual harassment by employees. The frequency and content of training are other provisions that vary by jurisdiction. In California, the training must occur within six months of an employee’s assumption of a position, and every two years after that. In New York City, employers must provide their employees with anti-sexual harassment training at least once per calendar year, in addition to training employees as soon as possible after hire. One state may require that employers only use the state-created training module. California law allows employers to select which training format works best for them; the training may occur in a classroom setting, through interactive E-learning, or through a live webinar. Other laws may set the minimum or maximum length of the training, or specifying that training should be offered in languages other than English.
Too often, retaliation and bullying behavior go together with sexual harassment. Further, employers may want to consider addressing their company culture of inclusion and respect.
Employers face challenges on multiple fronts with respect to handling sexual harassment in the workplace. They are expected to have policies and procedures in place to help ensure incidents are reported and, when they are, to guarantee they are handled properly. Another challenge for employers is the vast number of laws across the country relating to the prevention of sexual harassment in the workplace.
California and Connecticut have very specific requirements for employers with 50 or more employees. Maine requires training for employers with 15 or more employees. Check your state law for more information on the employees who are subject to the training, the frequency in which sexual harassment training must be provided, and the required content of the program. Employers should consider reviewing with their legal counsel how they may be affected by this legislative trend. In doing so, they may want to ensure that their policies and procedures are clear, consistent and up-to-date with evolving requirements. Having transparent policies helps employees understand the implications and impact of sexual harassment in the workplace. As part of a policy and procedure review, employers may also want to check out how they handle workplace bullying and retaliation.
Having a patchwork quilt of training requirements across jurisdictions makes it difficult for employers to ensure all training obligations are met. In addition, if an employer has a one-size-fits-all policy for sexual harassment prevention, it may not work if that employer is obligated to follow different laws across multiple jurisdictions. Further, these laws typically outline consequences for employers with respect to their sexual harassment prevention programs and lack of compliance with such laws.
Most laws have monetary or other penalties for employers who do not implement required training. The legislative trend sweeping the country proposes new laws designed to help ensure employers are providing adequate training on sexual harassment prevention. The intent is to lower the instances of sexual harassment in the workplace by training employees on what constitutes sexual harassment; how they may report incidents; how investigations are carried out; and redress for victims. Thus, state and local jurisdictions, through statutory sexual harassment prevention training requirements, are putting more responsibility on employers to prevent harassment from occurring. Another facet of this legislative trend calls out specific industries that are more likely to have victims of sexual harassment ― such as retail or hospitality businesses ― to provide protections against such incidents. Employers who fall within these industries are required to provide training and have certain procedures in place to handle complaints and carry out investigations.
Sexual Harassment In The Workplace
It’s important to note that the number of Equal Employment Opportunity Commission cases concerning sexual harassment have risen year over year. In fiscal 2018 (Oct. 1, 2017 to Sept. 30, 2018), the EEOC received 7,609 sexual harassment charges, a 13.6% increase from fiscal 2017. In total, the EEOC obtained $56.6 million in monetary benefits for victims of sexual harassment during fiscal 2018.
In addition to avoiding penalties related to training, effective training mitigates risk related to sexual harassment complaints. Mandatory and regular anti-harassment training is one of the key ways to protect your employees and everyone in your workplace from harassment. Training should be required for all employees at all levels of your organization.