Despite great strides to combat sexual harassment over the past decade, the problem continues to plague the workplace, as recent, high-profile cases illustrate. Just this month for example, actress Liza Minnelli settled a 100-million-dollar sexual harassment lawsuit filed by her former chauffeur, M’Hammed Soumayah, who accused Minnelli of beating him and forcing him to sleep with her. A confidential agreement between Soumayah and the singer was reached. This case illustrates that no individual or organization is immune to sexual harassment, and that companies must do more to educate their managers and staff.
California Assembly Bill (AB 1825)
Over two and a half years ago, commencing January 1, 2005, a California Assembly Bill (AB 1825), was signed into law requiring all California employers with 50 or more employees to provide two hours of sexual harassment training for supervisors, managers and lead employees every 24 months. Employers also have a responsibility under California law to provide workplace harassment prevention training to non-supervisory employees as well. However, that very same year, the EEOC received close to 13,000 charges of sexual harassment, with the average costs recovered in monetary benefits increasing dramatically. In 2006, total monetary compensation paid out in sexual harassment related cases exceeded $48.8 million, which was 31% higher than the $37.1 million paid out in 2004.
While common wisdom, and the law, would dictate employers would begin training their staff on proper behavior in the workplace, the reality doesn’t match up. According to a recent study by TrainRight Solutions, 41 percent of U.S. employers still don’t provide preventive training for sexual harassment, with cost the leading factor for ignoring education in this area.
Employer Responsibility
The Supreme Court deems training “essential” and the EEOC guidelines state that it is the responsibility of all employers to train all employees. Respect in the workplace, when properly demonstrated, can not only boost employee moral and productivity, but can greatly reduce the potential liabilities of an employer. Legal experts agree that the more pro-active an organization, the more likely they will reduce their employment liabilities.
Many HR consulting and outsourcing firms provide answers and assures employers that taking preventive measures is the right approach. Helping companies establish appropriate policies and deal with complex sexual harassment issues is key to minimizing employer risk.
Sexual Harassment Training is a Must
A comprehensive Sexual Harassment training course should cover the following topics:
* The laws that prohibit unlawful harassment in the workplace
* Specific forms of harassment
* How to prevent harassment and hostile environments
* Identify retaliation and why it is illegal
* The rights and responsibilities of all staff members
* Consequences of harassment suits
* What to do in the even of a harassment charge
* How to conduct an investigation
While at first glace it may appear that implementing sexual harassment guidelines may be costly, employers should recognize the higher expenses related to fines or penalties for an ill-educated workforce. And aside from protecting the business for lawsuits, training the staff on preventing unlawful harassment is just the right thing to do.
