Sexual Harassment Training Doesn’t Work
A recent study by the EEOC suggests sexual harassment training does not work. In California, employers with 50 or more employees must provide 2 hours of sexual harassment prevention training to managers and supervisors every two years. Smart employers train all employees on a regular basis.
Does sexual harassment prevention training prevent sexual harassment? According to an EEOC task force: “Much of the training done over the last 30 years has not worked as a prevention tool.” Much of the training is focused on avoiding liability instead of a more holistic approach. According to the researchers, this effectively teaches would-be-harassers how to harass people and avoid liability. Sexual harassment training and prevention should focus on creating a hostile-free work environment.
The sexual harassment prevention training I provide focuses on identifying sexual (and other types of) harassment, as well as circumstances that lead to harassment claims. We help employees not only identify unlawful conduct, but also behavior that can lead to a non-productive workplace. Aside from being compliant with the latest regulations, my training sessions are tailored to the company and its employees.
Online versus In-Person Sexual Harassment Training
When choosing a sexual harassment training provider, many employers go the online route. There are some wonderful online options, many of which are less expensive than in-person training. But at what cost? The EEOC task force concluded that effective training must be “tailored to the specific workforce and workplace, and to different cohorts of employees.” Off-the-shelf online training does not have the flexibility of in-person training. It’s too easy for employees to simply check-the-box to get the training completed.
Online training can be interactive if the service provides a means for answering questions in real-time, but employees won’t use the Q&A feature if they aren’t already engaged. When I conduct in-person sexual harassment prevention training, the presentation is very interactive. I engage the audience so they remain interested.
I consider my audience when creating the training program. Software engineers can require different tactics than construction managers. Restaurant workers have different experiences than custodial staff. My goal is to tailor the sexual harassment training to the company, its employees and its culture.
I begin with, and include, the company’s actual policy in the training. Harassment prevention begins with making sure employees understand appropriate conduct and what to do if they see or experience problems. You may not get that from online training.
Can’t Train Everyone at the Same Time
A big obstacle to in-person training is getting everyone trained at the same time. Someone has to mind the ship during the training. Employees are oftentimes spread throughout the state, country or the world. Sometimes we conduct multiple training sessions in different locations. Other times we use technology to bring everyone together.
With online meeting technology, getting everyone together at the same time is easier. Many online meeting providers allow you to record the session, making the training available to those few people who cannot attend the session live. I provide my clients with direct access to me so I can answer questions when they arise during the training. Answering questions via email is not as good as in-person Q&A (see point above), but sometimes we have to work with the hand we’re dealt.
Costs of Sexual Harassment Training
Online providers usually offer “per seat” pricing. This can be great for a few training sessions, but not great for training 100 people. I price my training sessions on a flat-fee or hourly basis. Depending on the number of participants, in-person training is usually more cost-effective than online training.
I believe sexual harassment prevention training should be inexpensive and readily available.
Employers should foster an organizational culture in which harassment is not tolerated, and in which respect and civility are promoted. Employers should communicate and model a consistent commitment to that goal. Select Task Force on the Study of Harassment in the Workplace
Creating a productive work environment that is free of harassment is everyone’s goal, and everyone’s responsibility. Training employees today helps prevent problems tomorrow, and increases workplace productivity and job satisfaction.
If you would like more information regarding sexual harassment prevention training, contact my office today.
Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.
Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law. We cannot answer questions about specific situations or provide legal advice over the Internet. If you desire legal advice, you should contact an attorney.
Using this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. Using the Internet or this blog to communicate with the firm does not establish an attorney-client relationship. Do not post confidential or time-sensitive information in this blog. The Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted to this blog.
The Nuddleman Law Firm, P.C. represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Pleasanton, Oakland, San Ramon, Hayward, Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.