What is Successful Harassment Training?

What is Successful Harassment Training?

STRICTER LAWS: Many states now require some kind of sexual harassment training. What’s new is that those laws are becoming stricter. The Colorado legislature, for example, is now considering a new law that will provide that an employer may use harassment training as a defense to harassment claims only if the organization utilizes a training program with a “documented success in preventing harassment and a history of punishing supervisors who have unlawfully harassed employees”.

INTERACTION REQUIRED: Several states, including New York, require “interactive” training, defined as: some form of employee participation, meaning the training must:

• be web-based with questions asked of employees as part of the program;
• accommodate questions asked by employees;
• include a live trainer made available during the session to answer questions; and/or
• require feedback from employees about the training and the materials presented.

California defines its “interactive” requirement as: “individualized, interactive, computer-based training created by a trainer and an instructional designer. An e-learning training shall provide a link or directions on how to contact a trainer who shall be available to answer questions and to provide guidance and assistance about the training within a reasonable time period after the supervisor asks the question, but no more than two business days after the question is asked. The trainer shall maintain all written questions received, and all written responses or guidance provided, for a period of two years after the date of the response.”

What Should You Do?

CHECK LEGAL REQUIREMENTS: As a start, before designing or selecting a harassment program, make sure that – as a minimum – it will meet the legal requirements of your state.

CHECK INTERACTIVITY: All trainings are not created equal. The trend is to require interactivity, defined variously as the ability for participants to engage in questions and answers, engage with a live trainer, seek answers to questions after the session ends, analyze relevant case studies and videos, and so on.

CHECK FOR A RECORD OF SUCCESS: If the Colorado law passes, employers who are defendants in lawsuits will need to prove that they have taken steps to prevent harassment by choosing training with a “record of success” in preventing harassment. While it is unclear what this requirement might mean, it may be that the new legislation will require the training organization to maintain records or statistics to prove success.

What Do You Think?

Have you made changes to your harassment prevention programs because of the requirements of state laws? Contact us at: 303-216-1020 or Lynne@workplacesthatwork.com

Did You Know?

Our harassment training, coaching, and consulting—both live and in-person — meets or exceeds the requirements of all state laws. We constantly receive feedback that our sessions are the most engaging and interactive they have experienced.

Call or write us at: 303-216-1020 or Lynne@workplacesthatwork.com

Coaching and webinars on these and other management and leadership topics can all be delivered virtually.

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Read Lynne’s book on sexual harassment.