By now everyone knows that training is a necessary defense for many lawsuits.  However, EEOC and the courts are now demanding more than just the simple act of training, says Attorney Philippe Weiss.  They are interested in the quality of the training—and the trainer—as well.

Courts (and opposing attorneys) will explore such things as the content of the training course, how much money is spent on training, and the trainer’s background and competency.

Weiss is director of Seyfarth Shaw at Work, a legal compliance training company associated with the Seyfarth Shaw law firm. His remarks originally appeared on our sister publication, the HR Manager's Legal Reporter.

What Outsiders Want to See

Based on his conversations with the EEOC (Equal Employment Opportunity Commission) and his experiences in court, says Weiss, outsiders want to see training that is:

  • Presented in a highly interactive and engaging manner
  • Built around the organization’s particular policies and practices
  • Developed with an understanding of adult learning theory (that is, the training includes interactive elements, visual stimulation, small group sessions, etc., and recognizes that participants can contribute their own knowledge to the training process)
  • If necessary, offered in a variety of formats (i.e., classroom and online) that allow for corporatewide deployment of the material and concepts
  • If sourced from outside vendors, “approved” by EEOC. (EEOC approval is generally indirect, that is, implied by their actions in court cases, settlements, and other forums.)

A Presentation Is Not Training

To have training, you must have instruction and practice, says Weiss.  Simply showing a video or lecturing is not enough.  Practice is what makes it training. Training should be interactive. It should include role-plays, hypothetical scenarios, and exercises that allow participants to work together and on their own to come to the answer.

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A Sense of Humor Helps

When training about harassment, discrimination, or diversity, for example, you are dealing with difficult issues that are emotionally loaded. It is often helpful to have an appropriate sense of fun and humor. Of course, you can’t go overboard making light of the situation, and you certainly can’t engage in the kind of humor you’re training against.

However, Weiss believes humor conveys the message that the participants are respected—that they have the ability to separate humor from the seriousness of the issues.  Furthermore, he adds, a relaxed audience will participate more.

Interactive Training Tips

Weiss offered the following tips for trainers:

Do

  • Practice your full presentation.
  • Dress properly (usually one step above the audience) and wear comfortable shoes.
  • Turn your cell phone and pager off.
  • Have high-level management introduce the training and participate in it.
  • Keep the number of participants to a manageable level.
  • Move participants to the front of the room.
  • Engage participants in activities from the moment they walk through the door.
  • Show them that you have completed the activities yourself.
  • Start sessions with low-risk activities such as simple pretests (with obvious answers), so that participants feel safe interacting.
  • Use name cards and tags to learn names and to personalize the experience.
  • Start on time.
  • Give breaks.
  • Offer candy or refreshments.
  • Have a glass of water handy.
  • Keep your work table neat.
  • Discuss from the insider's perspective (say our policy, not your policy).
  • Talk about a noun; show a noun (if you tell participants to take out sample #1, hold the sample up).
  • Avoid legalese.
  • Act enthusiastic and listen with the same level of enthusiasm.
  • Respond to room issues (too hot, too cold, no beverages).
  • Turn your lectern into a plant stand (that is, get away from it—don’t read or lecture from it).

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Don’t

  • Look at your watch.
  • Use profanity.
  • Complain or be critical.
  • Use “OK” when you mean to praise; use a more positive response.
  • Sit, but don’t pace either.
  • Give out handouts before you have explained what to do with them.
  • Use AV equipment you don’t know how to operate.
  • Use negative body language like closed arms, crossed feet, hands in pockets, etc.

In tomorrow's Advisor, what can go wrong in training, and an introduction to BLR's extraordinary 10-minute training program.

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