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Sexual Harassment
ALERT:
California Mandates Sexual
Harassment Prevention Training
As if the laws about leaves, classifications and overtime
weren't perplexing enough, California has recently passed further
legislation. AB 1825, as you may know, mandates sexual
harassment prevention training for supervisory employees. This
is in addition to the legal obligations already in
place designed to prevent and remedy sexual harassment in the workplace.
Should you take action NOW?
This law requires employers with 50 or more employees to provide
at least two hours of classroom or other effective interactive training
to all supervisory employees on the prevention of sexual harassment,
discrimination and retaliation (employees, by the way, include
independent contractors, temporary help, and out of state workers).
Interactive means you cant just pop in a video. There needs to
be discussion, role-playing and Q&A.
Read this if you have fewer than 50 employees
It is important to know that even companies
not directly affected by this statute must uphold anti-harassment
laws. Anti-discrimination laws require that all employers
must provide a workplace where employees can perform their jobs
without harassment or other unlawful interference and, should harassment
occur, employers have the legal duty to prevent the misconduct
and remedy its consequences.
Think prevention
AB 1825 is an add-on to existing laws.
It is prudent that all employers train all employees
on preventing unlawful discrimination and harassment. Such training
helps minimize improper or illegal behavior, helps employers avoid
conflicts that result in litigation and can also help defend against
lawsuits if they arise. The additional benefit is that well-trained
employees, managers and supervisors, and bosses stimulate a respectful
and productive work environment.
How is your Harassment IQ?
- Big George, a 30-year employee, gives everyone bear hugs.
He means no harm and no one has ever complained. Should you tell
him to stop?
- You and your significant other have just come back from a
vacation in Hawaii. You put a framed picture of the two of you,
in bathing suits, on your desk. Someone objects. Should you put
it away?
- An employee comes to you, his manager, to grumble about a
risqué joke a co-worker told. He asks you not to say or
do anything; he just wants to vent. It was only one joke;
why over-react.
Not knowing the right answer or taking the appropriate action
may cost your business hundreds of thousand of dollars in lawsuits
and damages. In fact, employers, managers and other
employees all can be held financially responsible.
Are you concerned about potential liability?
Damages for harassment and discrimination suits have doubled in
the last 5 years. Inappropriate behavior has a devastating impact
on companies, their morale and their productivity. The average
cost of defending a lawsuit is $600,000. It can be
a company ending event.
It may be unintentional, but it’s still illegal
Even if a complaint doesn't send you to court, the
moment an employee alleges harassment; you are obligated to conduct
an investigation. Believe me; you don’t want to go there.
An investigation involves a huge amount of your time (or the cost
of an outside consultant) to do interviews, complete paperwork
and documentation and resolve and monitor the situation. It will
lower employee’s morale,
create gossip, rumors and hard feelings, and wastes everyone’s
time. Even personal and family lives are impacted.
Are you maintaining an appropriate work environment?
Anti-Harassment
for Employees
Anti-Harassment
for Managers
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