Supervisor training about preventing sexual and other harassment isn’t just a smart move—it’s one that’s required by law in many states. What should supervisors be taught?
Supervisor Training on Harassment: What to Include
A best practice would be to use this time when supervisors are together to cover not just sexual harassment, but also all other types of harassment and discrimination. Here are some suggestions of what to cover:
- The Law Itself. “Your supervisor needs to know the basic rules of discrimination and the definitions of sexual harassment.” Mark I. Schickman pointed out in a recent BLR webinar.
- Your Policies. “Your supervisor needs to know what your policies are so that it’s fairly and consistently applied and that your practices match the policies.” Schickman continued.
- Discrimination Definition. With the exception of medical and leave issues, the basic rules of discrimination are that protected classes cannot be discriminated against and must be treated fairly with respect to all aspects of employment. Supervisors should understand this.
- Personal Legal Liability. In the case of discriminatory acts, the supervisor is acting as a representative of the company – and the liability belongs to the company. However, there is personal liability for harassment cases. “For harassment, in many jurisdictions, there is personal liability against the supervisor or employee. It could cost money out of the supervisor’s pocket if the supervisor engages not just in sexual harassment, but in any form of harassment.” Schickman warned.
Supervisor Training on Sexual Harassment Prevention
Supervisor training on harassment should explain that there are two types of sexual harassment and what they are. Ensuring supervisors understand the law and know how to take steps to prevent harassment is the first step to avoiding harassment claims.
The first type of sexual harassment is referred to as “quid pro quo,” which refers to a situation where some type of benefit, such as a promotion or raise or favorable review, is offered in exchange for some type of sexual favor. “Quid pro quo” is never acceptable, and thankfully doesn’t happen as much because it is obvious sexual harassment and should result in immediate termination.
The more common form of sexual harassment is actually a hostile work environment. It’s more common and also more difficult to prevent because it may not always be obvious to supervisors. Teach supervisors:
- That they must take steps to prevent a hostile work environment
- That they cannot be part of the problem and must be viewed as a neutral party
- That they must respond appropriately when a harassment claim occurs
To respond appropriately, there are several steps a supervisor can take:
- “In response to a harassment claim, it’s very important that the supervisor listen to the complaint without making any judgment.” Schickman told us. For example, don’t express incredulity about the situation. Don’t take sides.
- Report the complaint to human resources.
- Warn employees against inappropriate behavior, monitor the situation, and stop any potential retaliation.
For more information on supervisor training on harassment, order the webinar recording of “Handle or Hand Off? Helping Supervisors and HR Work Together to Avoid Legal Headaches.” To register for a future webinar, visit http://store.blr.com/events/webinars.
For the past 30 years, attorney Mark I. Schickman has concentrated on employment and labor law, litigating every type of employment matter and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union related charges and all other aspects of the employment relationship.