Required Harassment Training

Harassment of employees on the basis of sex, race, religion, national origin, age, color or disability may be a violation of federal and state civil rights laws.

Employers may be found liable for discrimination if an employee is subjected to a hostile work environment. Employers may, however, assert a defense if they provide training to employees, institute a complaints process and take corrective action to stop any harassment.

Employers' Defenses

Employers can proactively create a defense against harassment lawsuits by establishing anti-harassment policies, training employees about prohibited conduct in the workplace, monitoring the work environment for harassment and taking immediate corrective action when a violation occurs. If these steps are effectively implemented, employers will be immunized from liability if a lawsuit is filed.

Effective Training

Anti-harassment training should be required of all employees. The employer should keep a log of the attendance of employees. Employees should be provided the opportunity to ask questions during and after the training. All employees should be provided refresher training every year.

Training Topics

An effective training course should define prohibited harassment and the employer's anti-harassment policy. It should also provide examples of specific conduct that would constitute harassment and violate workplace rules. Employees should be given written materials to take from the training for future reference.

References

• EEOC: Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors
• EEOC: Harassment
• BNET: Use Anti-Harassment Training to Shelter Yourself From Suits
• EEOC: Prevention and Elimination of Harassing Conduct in the Workplace