Corporations have been doing sexual harassment training for 15 years. Is the state law requiring mandatory annual training still necessary?
Sexual harassment continues notwithstanding efforts over the last decade. Last month, a jury returned a verdict of $1.2 million for a former female employee of Tyson Foods, who quit after being sexually harassed for five weeks. Last week, additional allegations of sexual harassment were announced against a federal judge in Texas, who faces impeachment because of inappropriate remarks and conduct toward women.
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Why do employers train employees in how to recognize and prevent sexual harassment?
The simple answer is that it’s the law. Connecticut requires employers with 50 or more employees to provide two hours of training and education to all supervisory employees. Federal law and state law encourage training and education to prevent sexual harassment. In addition, the United States Supreme Court has made it clear that employers can reduce their liability by training their supervisors and implementing a policy to prevent illegal sexual harassment.
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Is all sexual harassment prevention training the same?
No. As you would expect, the person doing the training selects the approach and the materials. As an employment litigator, I approach the training and education by providing my audience with examples of cases in which the issues have been litigated. Sometimes we are tempted to think that the law is a series of rules in a book. But actually it is a large number of stories of real people in concrete circumstances.
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What’s the most prevalent type of sexual harassment in today’s workplace and has that changed in the last 15 years?
Sexual harassment comes in several forms, but the most difficult ones to address stem from a romantic relationship between a supervisor and the person he or she supervises that has gone sour. When that relationship ends, there are often bruised egos and hurt feelings. It is difficult to determine if the employee was pressured into the relationship because of the supervisor’s authority or welcomed the relationship. If the person had been pressured, it is sexual harassment.
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Is sexual harassment prevention training really about the law or is it simply how we should get along in the workplace.
I focus on the law. Though the law is not a civility code, it does prohibit certain kinds of conduct. In addition, one of the goals of sexual harassment prevention is to avoid lawsuits. By understanding what is prohibited, employers and employees can take steps to avoid even questionable behavior. Also, the U.S. Supreme Court has held that prompt remedial action can limit liability. Training supervisors and managers in how to take that prompt remedial action protects the employer and reduces sexual harassment.
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Must sexual harassment prevention training be given by a lawyer?
No. But a lawyer who has litigated sexual harassment cases and has advised clients facing sexual harassment complaints brings a perspective that often enhances the training.
