DO EMPLOYEES NEED MORE TRAINING?

What is Harassment and Discrimination Training? Harassment and discrimination training educates employees on the substance of the employer’s anti-harassment and non-discrimination policy, including:

• Who the policy protects and what conduct it prohibits
• The mechanisms for reporting discrimination and harassment, and to whom one should complain
• The prohibition against retaliation for complaints of harassment or discrimination o the difference between “unlawful” harassment and “general” inappropriate workplace conduct
• How to administer your policy and respond to complaints (managers only)

Why Do Employers Need This Training? Courts examine an employer’s efforts in preventing employment law violations when determining the employer’s liability for workplace harassment and discrimination. Courts not only look at whether the employer had in place an effective policy prohibiting harassment and discrimination, but, significantly, whether the employer effectively (and repeatedly) trained its managers and employees on how to avoid prohibited conduct in the first place, and whether the employer took appropriate responsive action if it determined that wrongful conduct occurred. An employer’s demonstrated commitment to training has repeatedly been cited by courts as a reason for limiting liability and large damage awards. In fact, insurance carriers offering employment practices insurance typically provide discounted rates to employers conducting this training, as the significant impact the training has on limiting liability is undeniable. In addition, certain state laws, such as Connecticut and California, require employers to train their employees on harassment and discrimination, and it is likely that other states will enact similar laws in the near future.

Wasserman Law Can Help.  Wasserman Law conducts customized, interactive and educational presentations on the prevention of discrimination and harassment in the workplace, including an overview of anti-discrimination laws, hypothetical problem-solving exercises, a detailed explanation of the employer’s anti-harassment and anti-discrimination policies and complaint mechanisms, and solicitation of participants’ questions and comments. This training will not only serve to reduce your potential liability for workplace harassment and discrimination, but will educate your employees and managers on appropriate workplace conduct.