Avoid Punitive Damages



thumb_punitiveMany state the Supreme Court's decisions in the two landmark sexual harassment cases of Faragher and Ellerth, along with subsequent court decisions and guidelines established by the FEHC and EEOC, have indicated that sexual harassment training is essential for all employees, not just supervisors and managers. In fact, employers need to show that they indeed provided training to all employees in order to raise a defense or mitigate punitive damages in sexual harassment lawsuits.

Under certain circumstances, the Department of Fair Employment and Housing could issue an order requiring you to conduct the required training. Failure to meet minimum standards could provide a basis for “punitive damages” in the event of a sexual harassment lawsuit.

After an incident of serious employee misconduct, a lawyer could argue that failure to train in accordance with the law demonstrates an organization's "reckless disregard" for the law, and thereby establishes a potential basis for punitive damages liability.

Call us to learn more about uniquely-tailored workshops, which can be customized to meet your organization's training needs.