Harassment Training
coxswain
11 Posts
Is there a legal difference between sexual harassment and other forms of harassment, i.e., religious, race, age, national origin, etc.?
We are about to embark on our annual anti-harassment training. We expanded our training last year to include all types of harassment, not just sexual harassment.
In preparing my training notes I began to wonder if I needed to specifically address sexual harassment or by mentioning it and all the other forms of harassment, that was sufficient.
Your thoughts?
We are about to embark on our annual anti-harassment training. We expanded our training last year to include all types of harassment, not just sexual harassment.
In preparing my training notes I began to wonder if I needed to specifically address sexual harassment or by mentioning it and all the other forms of harassment, that was sufficient.
Your thoughts?
Comments
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Your question about the similarities and differences between sexual
harassment and other forms of harassment is a good one. Harassment training
should cover some basic principles that apply to all forms of harassment.
For example, the basic legal definition of what constitutes illegal
harassment is the same. The elements are that the conduct is 1) unwelcome 2)
based on protected class status and 3) severe and pervasive enough to
constitute a hostile work environment. When you discuss these three elements
of the definition, sexual harassment is similar to other forms of
harassment.
However, there are some unique aspects of sexual harassment, just as there
are for other types of harassment. That is why the best training gives
examples of all of the different types of harassment. For example, it is
important to point out that sexual harassment includes harassment based on
sexual advances, touching and requests for sexual favors and can involve
people of the same or different genders. When you are training managers and
supervisors, it is also important to describe quid pro quo or "tangible
employment action" harassment. This occurs when a manager or supervisor
takes or promises to take an employment action (such as a hiring or
promotion decision) in exchange for a sexual relationship.
It is also important to explain and provide examples of the other types of
protected class harassment. For example, when training managers and
supervisors about inappropropriate conduct, it is helpful to point out that
jokes or negative comments about an employee's accent may constitute
national origin harassment or that unwelcome comments about an employee's
relationship with a person of a different race may constitute racial
harassment. Disability harassment may include making negative remarks to an
employee because they are getting light duty assignments. Each type of
harassment is somewhat different and deserves individualized treatment.
In our training program for managers, "Prevent Harassment: Promote Respect,"
(SM) we explain the basic concepts of harassment as well as provide
interactive activities that involve examples of the different types of
protected class harassment.
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