The media is full of devastating reports of sexual harassment these days. This is the time for us all to figure out how to put an end to it, along with all other forms of harassment. This is especially critical to employers. Not just because harassment is wrong and bad for business. But also because of their legal obligations under employment discrimination laws. Anti-harassment training is a key component of avoiding liability in this area.
Yes, training employees involves costs. You not only have to pay someone to conduct the training, but you also must invest the time of your employees to participate. But, even though most employers are not strictly required to provide anti-harassment training, it’s really too costly not to.
Still not convinced? Here are the 5 Best Reasons for providing Anti-Harassment Training in your workplace:
1. The Law Requires It (Where Applicable)
A few states require employers to provide sexual harassment training.
In California and Connecticut, employers with 50+ employees must provide 2 hours of sexual harassment prevention training to all supervisors in the state. Covered employers must provide the training within 6 months of hire or promotion. California also requires retraining of these employees at least every 2 years.
Maine requires employers with 15+ employees to conduct an sexual harassment education and training program for all new employees in their first year of employment. More in-depth training is required for management and supervisory employees.
Several other states require training for certain employees, most typically those employed by the state itself. Most states, however, do not affirmatively require employers to conduct anti-harassment training.
The few laws that require training are limited to sexual harassment. However, I think it is very important not to limit anti-harassment training to harassment based on sex. This approach disproportionately victimizes women. A discussion of various protected characteristics brings everyone into the mix as a potential victim and harasser–obviously with the goal of having everyone be neither!
2. It Creates a Defense to Employee Claims
Even employers who are not in states that require them to provide anti-harassment training have good law-based reasons for doing so. Under most state and federal employment discrimination laws, the courts recognize a possible defense for employers who have taken reasonable efforts to prevent harassment. This is commonly known as the Faragher/Ellerth defense, based on the names of two U.S. Supreme Court cases.
This defense doesn’t help where the alleged harassment resulted in a “tangible employment action,” which could include reduction in pay, denial of promotion, or termination, for example.
In other cases, the employer the Faragher/Ellerth defense may apply if the employer can show that:
(a) The employer exercised reasonable care to prevent and promptly correct any harassing behavior; and
(b) The employee unreasonably failed to take advantage of any preventive or corrective opportunities by the employer or otherwise unreasonably failed to avoid harm.
As a practical matter, establishing this defense requires the employer to at least have an anti-harassment policy and an effective complaint procedure. Okay, so where does the training come in?
If nothing else, anti-harassment training goes a long way in helping an employer establish that employees knew about the anti-harassment policy and how to file a complaint! Ideally, the training will also encourage employees to report relatively minor incidents earlier so they don’t escalate into more serious situations. The employer’s prompt response in such cases can further prove the effectiveness its policy and procedures.
Click for more on Responding to Employment Discrimination Complaints.
3. Good Employees Will Behave Better
No one is arguing that if every employer provided anti-harassment training it would stop workplace harassment entirely. There’s not even good data that it will meaningfully deter the people most likely to engage in unlawful harassment. But let’s look at what it does do.
Think about your model employee, at least from a behavior standpoint. This may be the person most likely to change behavior following anti-harassment training. He or she hardly ever makes inappropriate comments to co-workers in the first place. But that doesn’t mean they are perfect and always avoid making others uncomfortable. Good training will demonstrate subtle ways they may occasionally offend others. Well-behaved employees will readily pick up on these examples and conform their behavior. They’ll become even more pleasant to work with and less likely to offend other employees.
Perhaps even more important, training can empower these good employees to recognize when others cross the line. Ideally, it will give them the knowledge and encouragement to speak up, either directly to the harasser or to human resources, etc. Or at least it will show them the value of speaking to those who suffer harassment from others to offer support.
4. Bad Employees Will Be Stopped
It would be nice to think that good training will deter employees from engaging in harassment. But the employees most likely to offend others may also be those least likely to accept readily that they’re doing anything wrong.
The good news is that because you hopefully have many more “good employees” than “bad” ones, the training can still reduce incidents of harassment. Training can show employees how to stand up for themselves and others. This can help end harassment as soon as it start. Or, if harassment persists, the victims and their co-workers will know how to report it. Then its just up to the organization to investigate appropriately and take the right action to correct the situation.
Related: What does it mean to have a “Zero-Tolerance” Anti-Harassment Policy?
5. It Sends the Right Message
Admittedly, most employees don’t look forward to attending anti-harassment training. But they can’t deny that workplace harassment is a very serious matter. And many, especially those who have felt victimized by harassment, will appreciate their employer’s efforts to address the subject.
Put differently, what does it say if you don’t provide anti-harassment training? At best, it suggests you accept harassment as inevitable and unavoidable. At worse, it appears your organization is indifferent to harassment. Providing the training doesn’t cost enough to justify either message.
You may also be interested in this webinar, where I discuss my Top 7 Tips for Investigating Workplace Harassment Complaints.