Most
companies are aware of their obligation to train employees about harassment in
the workplace. But a review of recent litigation
cases shows that many employers still miss the mark. Training is required to effectively prevent
harassment (while recognizing that not all harassment can be prevented). A
training program should not be simply a “check-the-box” “we have a training
program” effort. If we want to truly
create a nearly harassment-free workplace, we must analyze what serves as
effective training, and implement that in the workplace. Here is a short
checklist:
Train employees to recognize problem
behaviors. Presumably,
if the goal is preventing behavior, the first element that must be included is
helping supervisors and employees recognize inappropriate behavior. Often, those who do not understand the impact
of certain behaviors, or how the behavior is perceived, do not recognize the
behavior as inappropriate. This type of
training seeks to have an effect on cognitive perception. Research has shown that individuals who
received this kind of training were more likely to recognize harassing
behaviors.
Help employees recognize problem behaviors
with respect to all protected classes. We
are seeing a rise in problem inappropriate workplace behaviors towards other protected classes such as race,
national origin, religion, etc. Many
employers began harassment prevention programs by focusing upon sexual
harassment. While it is important to
continue to include that, employers must seriously address the other types of
harassment, which can be just as costly in terms of workplace morale, employee
engagement, not to mention legal defense costs.
Make sure employees know of leadership
support for a harassment-free workplace. Another goal is helping employees to
understand the organization’s policies on the subject matter. This type of communicative training program
can only be effective if it is tied into the communication of shared values and
vision, in addition to merely communicating the content of the policy.
Make sure employees know where to go when
a problem occurs. Another goal might be to help employees
understand how to alert someone when the behavior occurs.
Make sure supervisors know how to respond.
Another goal would be to help supervisors understand how to appropriately
respond.[i] Depending
upon how each supervisor perceives the situation, this kind of training may
increase their skill level in both recognizing the issue, and understanding
appropriate responses.
Determine whether your workplace needs
respectful workplace training. A further goal
might be to sensitize employees to the seriousness of the issue, and the impact
the workplace and individuals. This type
of training seeks to change individual perceptions and behavior, and might also
include helping employees to understand why those subjected to the behavior might
complain, and how the behavior impacts victims.
Through training that includes role play, harassment scenarios, victim
impact, and discussion about offensiveness from different protected class
perspectives, this can have an impact on altering attitudes.
Make sure training includes everyone. While tracking is sometimes difficult in a
larger company, making sure everyone receives regular training is important.
Make sure training is not a one-time,
lecture format. To
accomplish the goals identified as more proactive, ie, changing culture,
training must be delivered in a sustained, effective way, and not a one-time
lecture format. The latter may be
effective only to provide information rather than changing attitudes and
culture.
Employers
and HR professionals will be well served by an in depth review of their
training policies, practices and content, keeping these principles in
mind.
.
[i]One court held the employer
had not reasonably prevented harassment when it did not train supervisors. The court noted that there was no guidance
provided on how to investigate (if that was their role) document, and resolve
harassment complaints once they were reported.
EEOC v. Boh Bros. Construction Co.,
731 F.3d 444 (5th Cir. 2013).
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