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Liability Prevention and Management

Appropriate Workplace Behavior for Managers: A Harassment/Discrimination Course (AB 1825 compliant) (Available in English and Spanish)

Welcome to our award-winning Appropriate Workplace Behavior class, a harassment/discrimination prevention course that simultaneously improves work relationships and productivity while addressing all of your compliance needs.

Why Train on This Topic?

In 1998, two Supreme Court decisions offered employers an affirmative defense against sexual harassment claims as long as they made a good faith effort to prevent and respond effective to offensive behavior. These rulings provided a clear financial incentive to train managers and supervisors. As of January 1, 2005, it's no longer an option in California; AB 1825 requires employers who operate in California and who employ 50 or more persons to provide all supervisors two hours of sexual harassment training every two years.

However, simply training on sexual harassment will not protect you from other types of harassment or retaliation claims. For example, in Reed v. Cracker Barrel Old Country Store,2 the jury found that the plaintiff had proved her case of sexual harassment but that the employer was not liable for the harassment because it had made reasonable efforts to prevent harassment, including providing harassment prevention training. The jury, however, found that the employer had retaliated against the plaintiff and awarded punitive damages for the retaliation. The employer argued that its training and other efforts to prevent sexual harassment should also protect it from punitive damages against retaliation. The court disagreed. According to the court,

Title VII clearly prohibits more than sexual harassment....[and] punitive damages are also available under Title VII for more than just sexual harassment....[An employer's] good-faith compliance must relate to the specific claim being raised under Title VII. (emphasis added).

Why Use Us?

Our signature Appropriate Workplace Behavior training course received HRExecutive Magazine's Top Ten Training products of the year in 2002 and has been receiving rave reviews since 1991. That's because we don't compliance training as a burden - we see it as an opportunity. Developed by a clinical psychologist and labor law attorney, this unique course meets CA AB 1825 requirements for mandatory sexual harassment prevention training and goes much further. While we're teaching you what to avoid and what your legal responsibilities are, we're also teaching what to do and how to be a more effective communicator. We're also helping your managers and supervisors understand the spirit as well as the letter of the law.

As a psychologist, I know it's much easier to give up something when you have something better to replace it with. That's why we teach managers and employees what behavior is most effective at work, what humor they can use to establish rapport and relieve tension, the do's and don'ts of office romance, and how to analyze the costs and benefits of personal behavior choices.

Length of Training: 2 to 5 hours, depending upon the training needs of the organization. We can do a 2 hour course strictly designed to meet CA 1825 mandatory sexual harassment prevention requirements or we can incorporate other training needs into our anti-harassment training. For example, we have included a discrimination module, a workplace violence module, a cross-cultural communication module, and/or a coaching and counseling module as part of our harassment/discrimination prevention programs.

Do your managers need this training? Consider the following scenarios and the questions that follow it.

Sample Course Scenario: Two employees, Jilad and Jenna, have been spending a significant amount of time together working on a project. As they get to know each other better, they increasingly engage in a lot of teasing, playful banter as well as discussions about their personal beliefs. For example, the war in Iraq and the differences between various religions are often topics of conversation. When Jilad heatedly makes disparaging remarks about Moslems, however, Jenna feels increasingly uncomfortable with the conversation, particularly as many of her relatives are Moslem. When she tells Jilad that the conversation has crossed the line, he gets defensive and says she just doesn't like to hear opinions with which she doesn't agree. Their supervisor, Maria, agrees with Jilad, telling Jenna she can't suddenly decide a topic is offensive when she has been a willing participant to date.

Sample Course Scenario: An employee, Michelle, comes to you late on Friday evening as you are getting ready to leave the office. She tells you that she is having a problem with her new supervisor, Jack, and wants some advice from you. You are her former supervisor but now have no management responsibilities for Michelle. As you listen further, she tells you that Jack often makes comments about her physical appearance and has spontaneously rubbed her shoulders on two occasions. The day before, when she asked for Jack's help with a problem, he said, "Only if I get a kiss in return." She also tells you that she does not want to make a formal complaint and asks you to keep the matter between the two of you.
  • What do I do if my employees are engaging in questionable behavior but no one seems to be offended?
  • How can I use humor to relieve employee stress without running the risk of offending someone?
  • What is retaliation? What is my role after an employee complains to HR?
  • What are my legal responsibilities as a manager?
  • What is sexual harassment and how does it differ from other kinds of harassment?
  • What do I do about two employees who are dating and frequently bring their relationship problems into work?
  • What do I do if an employee comes to me with a complaint? What if I'm not the complaining employee's manager?
  • How can I create a comfortable environment so that employees will feel safe coming to me with any problems?
  • What do I do if an employee or coworkers says something that offends me?

Do your managers know the answers to the above questions? Call us at 858-481-8625 and we'll guarantee your staff:

  • Develops the practical and interpersonal skills to investigate allegations of harassment, discrimination, theft, and other employee misconduct.
  • Understands how to balance the rights of the complainant and the accused while protecting the interests of your organization
  • Knows how to effectively interview witnesses
  • Has the tools to make credibility determinations
  • Understands how to appropriately document your findings

Need harassment/discrimination prevention training for your employees? Check out our award-winning Appropriate Workplace Behavior course for staff.

 

 

 




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