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California sexual harassment training

Unlawful Harassment Prevention for All Employers

Unlawful Harassment Prevention for All Employers

Illustration: Workplace harassment prevention

In 1998, the U.S. Supreme Court gave employers a powerful affirmative defense against claims of harassment and discrimination in the workplace1. But if your employees and supervisors aren't regularly trained in unlawful harassment prevention, including sexual harassment prevention (California AB 1825), your organization might not be able to use this critically important legal defense. Having an anti-harassment policy or sexual harassment policy is not enough. All employees and supervisors must receive compliance training regularly to establish an organization's affirmative defense.

Training That Fits Your Workplace

This highly engaging and provocative course challenges your employees with interactive exercises and decision-making scenarios regarding real-life workplace harassment situations. The course is available in specifically designed versions for Retail Staff, Public Agency Employees, Higher Education Faculty and Staff and Healthcare Professionals. All of our Unlawful Harassment Prevention courses are designed to meet the training requirements outlined by the Equal Employment Opportunity Commission (EEOC), state laws and U.S. Supreme Court guidelines. Workplace Answers is also endorsed by Jackson Lewis LLP, one of most the world's most knowledgeable legal firms in the field of workplace law.

At a Glance
Audience: All Employees
Length: 60 Minutes
Languages: English, Spanish
Audio Naration: Optional
More Info: CA State Regulations
Recent Legal Cases
Delivery Methods: Web/SCORM
Course Demo: Register Here

Course Topics

  • Introduction to unlawful harassment, the protected categories and emerging categories
  • Interactive feature presents your organization's state-specific protected categories
  • The critical distinction between “harassment” and “unlawful harassment”
  • The legal standards and interactive exercises that show how they operate in the real world
  • Policy acknowledgment and acceptance feature
  • Story lines regarding:
    • the difference between rude behavior and unlawful harassment
    • how vulgar language can be unlawful harassment
    • coworker language and national origin issues
    • inappropriate behavior of a religious nature as well as religious rights in the workplace
    • workplace discussions about an individual’s appearance and medical condition
    • many situations regarding workplace dating and professional boundaries
    • the dangers of discussing mental and emotional conditions
    • examples of how an employer’s policies apply off-site, even at work-related parties
    • how jokes about a coworker’s failure to drink alcohol could be unlawful
    • workplace birthday celebrations and age-related issues
    • how comments about weight could be unlawful harassment
    • situations regarding pregnancy and related medical conditions

    Protect Your Organization AND Do the Right Thing

    Implementing a workplace harassment training policy that eliminates even one lawsuit can represent an amazing return on your training investment. In addition to building a strong affirmative defense against litigation, Workplace Answers’ Web-based compliance training course prepares employees to effectively manage difficult situations and helps organizations create a positive work environment.
    Register for a Course Demo.

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    Recent Legal Cases

    Failure to Appropriately Train Employees Can Mean High Punitive Damage Awards

    Greene v. Coach, Inc., 218 F.Supp.2d 404, 414 (S.D.N.Y. 2002) – Compliance training every other year is not enough to prevent liability if the workplace harassment prevention training did not occur during the year(s) that the alleged workplace harassment occurred. In this case, even though the employer had conducted seven harassment prevention training sessions, it did not conduct any anti-harassment training during the two years of the plaintiff's employment. By not training on an annual basis, the employer lost the ability to claim a good-faith defense in court, and the case proceeded to a jury trial. Click here for the complete case.

    Mathis v. Phillips Chevrolet, Inc., 269 F.3d 771 (7th Cir. 2001) – Punitive damages are awarded where no workplace harassment training is conducted. Court held that "leaving managers with hiring authority in ignorance of the basic features of the discrimination laws is an 'extraordinary mistake' for a company to make, and a jury can find that such an extraordinary mistake amounts to reckless indifference" of laws against discrimination in the workplace. Click here for the complete case.

    Romano v. U-HAUL International, 233 F.3d 655 (1st Cir. 2000) – Court held that a written policy against workplace discrimination, without more, is insufficient to insulate an employer from punitive damages liability. The employer did not put forth evidence "of an active mechanism for renewing employees' awareness of the policies through...specific education programs." Click here for the complete case.

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    Effective and Appropriate Compliance Training Can Help to Eliminate Punitive Damages

    Bryant v. Aiken Regional Medical Center, Inc., 333 F.3d 536 (4th Cir. 2003), cert. denied, 2004 U.S. LEXIS 68 (2004) – $210,000 punitive-damage award is reversed in a workplace discrimination and retaliation case where, despite manager's unlawful actions, employer demonstrated "good-faith efforts" to comply with workplace harassment laws and discrimination laws by issuing an EEO policy, training employees in harassment and discrimination prevention and voluntarily monitoring departments to identify workplace discrimination. Click here for the complete case.

    Hatley v. Hilton Hotels Corp., 308 F.3d 473 (5th Cir. 2002) rehearing denied, 2002 U.S. App. LEXIS 24504 (5th Cir. Nov. 5, 2002) – The court refused to let a jury even consider awarding punitive damages against an employer that had a "well-publicized policy forbidding sexual harassment, gave training on sexual harassment to new employees, etc..." Click here for the complete case.

    Hull v. APCOA, Fair Empl. Prac. Cas. (BNA) 247 (N.D. Ill. 2000) – Court held that employer's policy prohibiting workplace harassment and discrimination, and the fact that regular compliance training was conducted on the policy, indicated employer's good-faith efforts. Employer's motion for summary judgment on punitive damages award granted. Click here for the complete case.

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    Insufficient Training Does Not Support an Affirmative Defense

    Soto v. John Morrell & Co., 285 F. Supp. 2d 1146 (N.D. Iowa 2003) – Employer unable to establish affirmative defense because it could not prove plaintiff's manager had workplace harassment prevention training, despite evidence that the HR Director spoke to managers yearly on the subject, that the company had an internal requirement that managers receive workplace harassment prevention training yearly, that the employer distributed a bilingual workplace harassment policy (at orientation and annually) which employees were required to sign and acknowledge, hung large posters on unlawful harassment prevention and the president sent each employee – including the plaintiff – a letter clearly stating that harassment violated company policy. Click here for the complete case.

    Hargrave v. County of Atlantic, 262 F. Supp. 2d 393 (D.N.J. 2003) – New Jersey U.S. District Court codified that there is no affirmative defense available to employers, unless workplace harassment prevention training is mandated for supervisors and made available to all employees. Click here for the complete case.

    Gaines v. Bellino, 801 A.2d 322 (2002) – New Jersey Supreme Court held that the absence of "effective preventative mechanisms," such as training, based on workplace harassment laws, is strong evidence that an employer is negligent in monitoring and preventing workplace harassment. Training inadequacy led the court to doubt the effectiveness of the employer's workplace harassment prevention training policy and whether that policy could shield the employer from vicarious liability for a supervisor's misconduct. Click here for the complete case.

    Williams v. Spartan Communications, Inc., 2000 U.S. App. LEXIS 5776, at *6 (4th Cir. Mar. 30, 2000) – Having a workplace harassment prevention policy but failing to train prevents employer from establishing affirmative defense.

    Elmasry v. Veith, 2000 U.S. Dist. LEXIS 340 (D.N.H. Jan. 7, 2000) – Court found workplace harassment prevention training inadequate, where employee received the company's anti-harassment policy complaint procedure, but was not "effectively made aware of that policy, because no one specifically pointed it out or explained it to her," and where the company provided just "one training seminar, a portion of which dealt with sexual harassment." Click here for the complete case.

    Gordon v. Southern Bells, Inc., 67 F.Supp.2d 966 (D. Indiana 1999) – Court found that workplace harassment prevention policy on its own is not enough to establish affirmative defense. Training is required. Click here for the complete case.

    Nuri v. PRC, Inc., 13 F.Supp.2d 1296 (M.D. Ala. 1998) – Employer failed to establish affirmative defense, even though it had a "comprehensive, vigorously enforced policy" for sexual harassment prevention, because employee proved that the sexual harassment policy was not well-known by employees. Click here for the complete case.

    Harrison v. Eddy Potash, Inc., 158 F.3d 1371 (10th Cir. 1998) – No affirmative defense available where plaintiff was not aware of policy, because compliance training was not conducted. Click here for the complete case.

    Wal-Mart Stores, Inc. v. Davis, 979 S.W.2D 30, (Tex. App. 1998) – No affirmative defense where company had explicit policy against harassment and conducted "occasional" compliance training. Manager could only recall attending one workplace harassment training session "a couple years ago." Another manager could only recall having "15 minutes of training" on the subject. Click here for the complete case.

    Williams v. Multnomah Educ. Serv. Dist., 1999 U.S. Dist. LEXIS 9113 (Oregon, April 14, 1999) – Affirmative defense could not be established where employer had a specific procedure for workplace sexual harassment complaints, but not racial harassment complaints. It's very important that employers train in all protected categories, not just sexual harassment prevention such as California AB 1825. Click here for the complete case.

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    Effective, Appropriate Training Supports an Affirmative Defense

    Frisk v. Postmaster General, 2003 EEOPUB LIXIS 4998 (August 28, 2003) – Employer established affirmative defense where, despite a supervisor's years of sexually harassing misconduct, employer conducted annual workplace harassment training.

    Wyatt v. Hunt Plywood, 297 F.2d 405, 407 (5th Cir. 2002) – Court held employer's workplace harassment prevention efforts were "more than adequate." Alleged workplace harassment fell into three specific time periods, and throughout these time periods, regular harassment prevention training sessions were conducted. Click here for the complete case.

    Fuller v. Caterpillar, Inc., 124 F.Supp.2d 610 (N.D. Ill. 2000) – Employer could establish affirmative defense, since it conducted workplace harassment prevention training two or three times a year for all employees. Click here for the complete case.

1See Equal Employment Opportunity Commission, Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (6/18/99); See also Burlington Indus., Inc. v. Ellerth, 188 S. Ct. 2257 (1998) and Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998).

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