And Don’t Forget to Train the Trainer: Reducing Liability in Corporate Harassment Training Programs
November 30, 2004As a trainer, I’m sure you have been asked about a time when a particular trainee was in a certain situation, similar to one you have talked about, and wonders whether it was harassment. Or, a trainee may make a somewhat inappropriate joke, related somehow to the material you were covering.
If these things have ever happened to you, or if you have ever wondered how those kinds of situations should be handled, then you will want to read
this brief article by the Employment Practices Solutions folks on the potential pitfalls that trainers may fall into when doing harassment training.
Some examples include:
1. Remarks made by trainees (e.g., Women do not want to work late shifts);
The article sugggests using “disclaimer language” in the materials, such as cases, that are used in the training program;
2. The trainer offers incorrect advice to the trainees;
the article suggests careful training of the trainers on company policies and encourages trainers to be told that if they are unsure of the answer to a question, they should offer to get back in touch with the trainee;
3. Trainers need to avoid offering legal opinions when trainees ask a question about a real situation that may be occurring;
Rather than offering a legal opinion (e.g., “that sounds like harassment to me,”), trainers should be coached to offer the following (e.g., “that sounds like a violation of company policy to me — such conduct should be reported”)
As described in this article, harassment training is a key component in an employer’s affirmative defense in defending a hostile work environment claim. Just make sure that your trainers don’t say the wrong thing, or allow the trainees to make statements that will create problems!
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