As an employer, are you liable if one of your employees is accused of sexual harassment? Although every case is different, there are things you can do to provide an affirmative defense in the event a lawsuit comes your way. Beyond that, having an experienced employment law attorney on your side is a must.
Sexual Harassment Prevention Training
The first thing every employer needs to do is ensure that adequate and appropriate training is provided. In California, state law AB1825 mandates that employers with 50 or more employees provide training for supervisors. That training must occur every two years.
Who Must Experience Sexual Harassment Prevention Training?
Although everyone can benefit from training, supervisors must be trained. That means anyone who has the authority to reward or discipline other employees or deal with grievances, even if the official job title is not supervisor.
What Must Sexual Harassment Training Embody?
The training itself may be delivered on-line, if linked to a trainer who is available to answer employee questions within two days. Another option is to have information delivered by an instructor in a classroom, or in a large format like a seminar, if the trainer follows the regulations laid out by law and uses best instructional practices. There are specific requirements as to who may be a trainer:
- Attorneys who practice employment law, or;
- Professors with a post graduate degree or teaching credential with experience in employment law, or;
- Human resource personnel with at least two years experience designing materials or delivering trainings, dealing with such complaints in a workplace, investigating such complaints, or advising employers or employees in such matters,
The training must encompass information about state and federal laws prohibiting sexual harassment, in addition to remedies for victims of such activity. There must also be practical case studies of sexual harassment, discrimination, and employee retaliation, and information about how to prevent each.
In the Event of a Sexual Harassment Lawsuit
What if an employee brings a sexual harassment lawsuit? Having complied with the training requirements does not necessarily abdicate the employer of responsibility, but it is a first, minimum step. Other steps employers should take:
- Have a printed policy defining sexual harassment and company policy as to consequences for such behavior. Discuss it with new employees, and review it on occasion with all employees.
- Provide training to workers, as well as supervisors.
- Establish a clear grievance procedure and methods of dealing with complaints. Then keep the information confidential.
- Investigate all complaints quickly and effectively, and document everything related to the complaints.
- Protect the victim from the moment the complaint is filed, and correct the issue expeditiously. Then ensure that no form of retaliation ensues.