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Sexual Harassment in the Workplace

For Management supervisors and employees

sexual harassmentOn September 29, 2004 the Governor signed into law Assembly Bill 1825 (AB1825). This mandate became effective on January 1, 2005, which requires employers with 50 or more employees to provide training and education on sexual harassment for supervisors every two years. Employers must include their full-time, and part-time employees and temporary service employees as well as independent contractors. Since the law does not specify that the 50 employees must be within the state, the law applies to California employers with 50 total employees including those outside the state.

It is well known that California leads the nation in exposure to lawsuits. The average cost to defend an employment claim is approximately $300.000, and the average jury verdict for sexual harassment claims is 1 million. AB1825 requires 2 hours of interactive training, and not just watching a video or handing out pamphlets. With these staggering figures, two hour training is but a small fraction of the costs an expensive lawsuit can generate. The plus to having the training in place is that it can be used as a defense against such enormous cases.

As an employer, you have the responsibility to maintain a workplace free of sexual harassment. This is your legal obligation, but also makes good business sense. If you allow harassment to flourish in your workplace, you will pay a high price in terms of poor employee morale, low productivity, and lawsuits. Sexual harassment in the workplace can affect anyone in any job. While not limited to women, the statistics show that only 15% of charges are filed by males. Sexual harassment destroys the work environment. The anxiety and frustration experienced by victims can impact their quality of life and the quality of their work.

Training Profile

Highly interactive, involving small group discussions of no more than 25-50 participants and using MS PowerPoint, and the use of video (optional), this module reviews the origin of sexual harassment, the implications, the legal remedies, combating cases of sexual harassment, and the proper way of investigating sexual harassment in the workplace. As part of the new California law, the two hours of training must include practical information on the laws against sexual harassment, remedies for victims, harassment prevention and correction, disussion, role playing, question and answer session or other similar techniques. The training must be performed by qualified presenters with knowledge and expertise in the prevention, discrimination and retaliation related to sexual harassment. Self training videotapes or other non-interactive media type programs are not acceptable and will not meet the requirement.

Length: 2-4 Hours (depending on the clients needs).

The Sexual Harassment Problem

Analyze the development and scope of sexual harassment. Resolving sexual harassment claims, and providing training to all employees, including management will have a huge impact on the level of productivity and the prediction of lawsuits.

Defining, Identifying, and Understanding Sexual Harassment

  • Myth vs. Fact, develop the understanding of what is sexual harassment
  • Develop a proper investigative team to investigate claims of harassment
  • Sexual harassment is real, it is not okay to use subtle language, suggestion, and physical (i.e. touch) in the workplace
  • Quid pro quo vs. hostile work environment

Legal Obligation

Develop a full understanding of both the federal and state statutes on sexual (AB1825). Recognize that by implementing a training program it will be effective in combating lawsuits.

Preventing Sexual Harassment

Adopt a clear sexual harassment policy. In your employee handbook, you should have a policy devoted to sexual harassment. That policy should:

  • Define sexual harassment
  • State in no uncertain terms that you will not tolerate sexual harassment
  • State that you will discipline or fire any wrongdoers
  • Set out a clear procedure for filing sexual harassment complaint
  • State that you will investigate fully any complaints that you receive
  • State that you will not tolerate retaliation against anyone who complains about sexual harassment
  • Train employees
  • Train supervisors and managers
  • Monitor your workplace