Choose from These Affordable Options
• On-site training at your location – one flat fee to train as many employees as you wish in your own work environment.
• Scheduled presentations – check out the nearest locations and dates.
• On-line “attention-holding” whiteboard video animation training – two options:
1. One-hour new hire and periodic training program for all employees
2. Two-hour version provides supervisors with information and tips to help them prevent claims. It satisfies training requirements for new and newly promoted supervisors and biennial training requirements.
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And for those of you wondering…
Is Training Really Required and Who Must Receive It and When?
A timeline summarizing what employers are required to do to ensure compliance with the law, provide a harassment, discrimination, and bully-free workplace, and avoid liability to the greatest extent possible follows.
Many employers don’t realize much more is required.
U.S. Supreme Court Rulings, Cases, and Laws Provide Guidance to Employers
1998 – Faragher and Ellerth (Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth)
• First “mandatory training guideline” established by the U.S. Supreme Court
• All employers should provide training to employees about workplace harassment
• Everyone should receive training – both supervisors and employees
• Training should be provided “periodically” – on a regular basis – not just one time
• To successfully assert an affirmative defense to prevent or reduce liability, an employer should be able to establish that it: 1. has a proper harassment prevention policy, and 2. periodically provides education about the policy to all employees.
1999 – Kolstad v. American Dental Association
• The second U.S. Supreme Court “mandatory training guideline”
• Maintaining a good policy is not enough
• More than just sexual harassment prevention training should be provided to supervisors – harassment is only one form of discrimination
• “Kolstad Defense” – employer can assert a defense to punitive damages if it demonstrated good faith efforts to educate all supervisors about anti-discrimination principles
1999 – EEOC Guideline
The EEOC (Equal Opportunity Commission) is the federal agency that enforces federal employment discrimination laws. Harassment is a form of discrimination
• Reinforces “periodic” training for all employees
• Failure to train can expose an organization to increased liability and damages
• Explains employer duty to exercise reasonable care as follows: 1. “… reasonable care generally requires an employer to establish, disseminate, and enforce an anti-harassment policy and complaint procedure and to take other reasonable steps to prevent and correct harassment.” 2. “… the employer should provide training to all employees to ensure that they understand their rights and responsibilities.”
2001 – Mathis v. Phillips Chevrolet, Inc. (U.S. Court of Appeals, 7th Circuit)
“[L]eaving managers with hiring authority in ignorance of the basic features of 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.”
2004 – California’s AB 1825
• Employers with 50 or more employees must provide at least two hours of harassment prevention training to supervisors every two years.
• Newly hired/promoted supervisors must receive at least two hours of harassment prevention training within six months of hire/promotion.
• First harassment training law to define “periodic”
• Establishes “expertise” requirements for trainers – experienced employment law attorneys meet the requirements
2015 is a mandatory supervisor harassment prevention training year for many employers. This means that by the end of the year, these employers must have provided the requisite amount and form of training to supervisors.
2014 – California’s AB 2053
This law, sometimes referred to as workplace “anti-bullying” legislation, requires that employers that must provide training pursuant to AB 1825 also provide “abusive conduct” prevention training starting in 2015.
LMRC’s Training Solutions
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