Continued
from page three
Institute a training and education program
Train, train and train some more, no matter how few or many
employees you have. The training and education should include
examples
of all types of sexual harassment situations to
help employees to recognize just what is sexual harassment.
Something as simple as an “innocent” dirty joke
can offend someone and spawn a sexual harassment lawsuit.
Your employees need to know that.
Just a few of the many possible situations:
- Your employees are working on a jobsite and carrying
on their usual banter, off-color jokes, etc. If just one
of your employees is offended by any of this, then you
and your company are at risk of a sexual harassment lawsuit.
- Many shops out there have pictures of “pin-ups” in
various stages of undress posted on the walls. All it takes
is one employee to be uncomfortable with it and you’re
at risk of a sexual harassment lawsuit.
- An employee of another contractor on the jobsite continually
makes suggestive comments to your employee. You’re
at risk of a sexual harassment lawsuit.
Employees
need to know that these behaviors and others are sexual
harassment and as such are unacceptable and
that if they are victimized they can notify you and you
will make it stop, and that if they are the harasser
that you do not permit it and you will not allow it to continue.
Many sexual harassment incidents happen that “fly
under the radar”, usually because the action is not
recognized as being sexual harassment. This will change as
the issue of sexual harassment becomes more widely discussed
and better defined. As more and more employees become aware
of their rights the more important it is for you to make
sure that they are enjoying those rights.
In addition to the ethical lawsuits that will be filed,
you can bet that there will be unethical lawsuits filed by
those looking to make a quick buck or to get revenge for
some slight, perceived or not.
Make sure you can’t become a target; put a sexual
harassment prevention policy in place as soon as possible
and enforce it.
The training and education should also teach supervisors
how to prevent sexual harassment before it starts as well
as how to stop retaliation against the victim who reports
the harassment.
Knowledge and Expertise is required here
Someone with knowledge and expertise
in these areas should conduct this training. Included should be information
and
practical
guidance
regarding
the
federal
and state laws concerning sexual harassment and the remedies available to
victims of sexual harassment in employment. In California, the text of 12950.1 tells
the employer explicitly how to conduct the training and what that training
must include...
"The training and education required by this section
shall include information and practical guidance regarding
the federal and state statutory provisions concerning the
prohibition against and the prevention and correction of
sexual harassment and the remedies available to victims
of sexual harassment in employment. The training and education
shall also include practical examples aimed at instructing
supervisors in the prevention of harassment, discrimination,
and retaliation, and shall be presented by trainers or
educators with knowledge and expertise in the prevention
of harassment, discrimination, and retaliation."
Check the various links through this article; with
your Chamber of Commerce; local law firms; human resource
companies,
etc.
for training
programs
that include software,
online and in-person presentations, until you locate what
will work best for you.
Next: Set up an official complaint procedure
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