Harassment Training
TD
15 Posts
My firm has 9 offices in the US and I'd like to find one company to help us do harassment training in each office in early 2003. Cost is (as always) a factor to consider, but we're committed to doing a thorough training program. Also, do any of you do this sort of training on your own? If so.... what resources do you use to help you?
Comments
TD,
I left you a confidential e-mail on this site. Call me if you can't access it.
Mike,
Thank you for the endorsement. I always appreciate someone recommending me after they've heard me speak!
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
[url]http://www.hrhero.com/videos.shtml[/url]
Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]
Thanks for this info. I had heard something about these regulations (I'm pretty new to California), but I can't seem to find these forms/flyers anywhere on-line. Any idea where I could get them?
First of all, congratulations for taking a proactive stand on training your managers and supervisors on harassment.
Many companies fail to do so in the belief that "it will never happen to us". Unfortunately, as we all know, it isn't an issue of "if" it will happen, its more an issue of "when"! And having a training initiative in place when it does happen will allow you to assert an affirmitive defense against Title VII liability and against punitive damages. (See Burlington Industries v Ellerth, Faragher v City of Boca Raton and Kolstad v American Dental Association - all these cases show the court's sympathy toward companies who foster proactive training programs.)
Also, even if you are one of the lucky few who doesn't at some point get sued, then you can rest assured that such training will make for a more productive and positive work environment. So, its a great initiative!
A couple of pointers though on how you carry out the training. For you to assert an affirmative defense, the training needs to focus on your policy (an off the shelf video will not achieve this), the law needs to be correctly stated (so be wary of HR consultants or training companies who have little experience of training in this area), the training should cover all forms of harassment, you should educate both managers/supervisors and employees to achieve the best results, the training has to be memorable and it needs to be positively reinforced on an ongoing basis - particularly with new joiners.
There are also a couple of big "no-no's": (1) Do not let your attendees discuss their own stereotypes or biases. It can come back to bite you later (Stender v Lucky Stores). (2) Do not offer confidentiality in training sessions. Legally, there is no such thing. (3) Avoid giving legal conclusions. It is far safer to focus on your own policies.
As for delivery methodolgy, you have a couple of different options - and they all have their pros and cons, and different cost levels: (1) Face to face training in groups is great... but only if the trainer is an expert on harassment laws (and that is hard to judge for yourself - get references). They will also need to tailor their presentations to your policies - and that will cost something. They will also need to provide workbooks - which again need to be legally accurate. Cost also depends on how many people you have in mind. A decent trainer can handle a group of 40. One big upside is that you can definitely record attendance. (2) Video training is cheap. However, it can't cover your policies and it is unlikely to stand up in court unless it is blended with face to face training. However, it is better than nothing! (3) Web based training is a pretty cost effective method. The trainer (ie: the computer!) can't make any legal boo-boos! Most decent systems will incorporate your policy - don't even consider ones that cannot. The best systems also track the employee's completion of the course. The employee isn't take out of work for too long and all you need is an internet connection. Also, the training is always available - particularly useful for new joiners. However, if you aren't a big company, it isn't always the most cost effective methodolgy (4) You could design and deliver the training yourself. I wouldn't. There are way too many pitfalls - just look at the case law. Plus, it is going to take you a fair few days to design the agenda, write materials, get it checked by counsel and then delivered. Only for the brave and very knowledgeable!
Now, I have to declare an interest at this point! We actually deliver this form of training - and we've being doing so across the U.S. for over 30 years. You can check out our website at [url]www.counciloned.com[/url]. Look under the on-site section.
However, to give you some choice, there are other options which I would recommend. Check out [url]www.workplaceanswers.com[/url] if you are looking for a high quality web based program suited to medium sized companies. Also, try your own attorneys. They will already be familiar with your policies and the law. Or, if you have employment law protection insurance, your provider will be able to offer up some suggestions.
Hope this helps.
Neil Hickman
704 561 0241
Hope this helps.