Sexual harassment

J R Hartley

Everyone I am speaking to is telling me our company needs to do some sort of Sexual Harassment training which is all well and good but I am being told different things by different people on how to go about it. Obviously I understand the importance and that it has to be done but...... with 80 employees?

A law firm told me I need managers trained seperately from employees at over $8000 for everyone!! Some colleagues have mentioned on-line training or videos but the attorney's say this will not provide an 'affirmative defense' which dare I say it makes be dubious because the on-line or videos are far cheaper....

Please help...is there anybody who can give me some independent advice on what I need to do as a minimum and how much will it cost?? Do I have to do it every year?

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 10-29-02 AT 02:17PM (CST)[/font][p]As a minimum, you need to have an anti-harassment policy (sexual, race, religion, age) but having one just on sexual harassment will suffice as an absolute minimum. This needs to describe what it is in "law" as well as company policy (examples are helpful), and procedures for employees to follow to deal with possibilities and well as filing complaints, and information on their rights and protections against harassment and retaliation, and consequences for engaging in sexual harassment.

You need to get your managers and supervisors informed and trainned about what sexual harassment is, its signs and what to do about it..they're personal liability as well as the employer's..what your policy and procedure is..and the role of state and federal agencies. You need to have them sign off that they have read and understand the harassment policy and have been trained on it and steps to take.

You could probably toss employees into the training, but you would need to reserve a segment of the training just for supervisors and managers since they have particular responsibilities in preventing and dealing with sexual harassment (as well as personal liabilities). You should also have the employees acknowledge receiving information about your policy and any training.

I don't know what the cost would be. What you could do is select some sharp sueprvisors and managers, get them trainined and then have them train the workforce -- sort of "train the trainers." That may help keep costs down.

You should document training. It should be part of new employee orientation. I don't think you need to have it every year for the same emplyees, but if not once a year, maybe every other second or third year at the latest for "refresher" and "update" anti-sexual harassment training.

Theresa Gegen TX

Training does not need to be that expensive. Many companies do the training themselves. But if you don't feel comfortable putting it on yourself, I am sure you can find training at a reasonable cost. Many attorneys will do it for you at a reduced cost if they you use their firms for other legal issues. Also, it does not need to be done by attorneys. It could be done by HR consultants, etc, which may charge less.

I am all for integrating training into operations. For example, one company I know has a pre-shift operational meeting. At the meeting they highlight one policy from their manual. By the end of the year, they have gotten through all of them. Then they start over. So, if for example, a 5 year employee sues, she has been over the policy atleast 6 times (at initial hire, then once a year).


I am sure the $8000 training program is very good. But unless you perceive that there is a problem with sexual harassment in your workforce, it may be more than you need.

The affirmative defense requires that the company have an effective policy, that employees and supervisors understand and know the policy (training), and that it is applied correctly. There is no specific type of training requirment.

Good Luck!

J R Hartley

We have had no lawsuits so far, so I should be safe with integrating our sexual harassment policy (which we do have)into employee meetings?

Hatchetman

Yes.

But be aware, you may open the door for employees to bring up complaints after the session.

Don D

Anyone who tells you the training will cost $8000 no doubt has a cigar in his mouth and a madras sport coat on. On November 21 we will have three separate one hour seminars for all salaried employees (roughly 100). The cost for all three seminars, spread out over an 8-hour day to accommodate 3 shifts, including attorney travel time, preparation and materials is $900. Our lead attorney group gave us an associate's rate (and there are breaks out there). Each employee is assigned to attend a specific hour (to allow for operational backup) and officers of the company are required to attend one (but of their choice).It is recommended once per year or at minimum every other year with a good video refresher on off years. Most will recommend it absolutely every year to allow for new employees, good refresher and catch up of those who might have missed. Your company does have enough employees (only 80 you say?) to be concerned with having this affirmative defense in your corner. For that reason, I would not recommend anything on line or 'video-only'. Our notices to employees went out yesterday, each in a private, separate envelope, with a copy of the company's EEO, Sexual Harassment and Complaint Resolution System policy enclosed. Of course the same policy is given to each new ee at hire, is posted prominently on each bulletin board at each facility and is part of the departmental operating policy manuals. This all not only educates and informs; but, it certainly adds to our affirmative defense should a charge or suit call for that. I don't know how these figures might relate to your area of the country, but our attorney said this last week: "The average cost for one employment law case only through discovery and summary judgement motions is a minimum of $40,000. And, if the case goes to trial, minimum $80,000 with the potential easily for 1.5 million." That statement resonates even with the stingiest of CFOs. Good documentation of the event is suggested for your files including course outline, dates, notes, attendance signatures and any materials handed out.