Top Three Misconceptions on Harassment Prevention Training

Written by Molly Wood, SPHR

As you probably know by now, in the aftermath of the great harassment scandals of 2017, California has expanded legislation surrounding Harassment Prevention Training. Although the deadline to provide training to non-management employees has been extended, the law still requires that supervisory employees are provided with two hours of training, and all other employees receive one hour or training to be completed by January 1, 2021. Seasonal or temporary employees must be trained within 30 days or 100 hours worked, whichever comes first. And this mandate is applicable to employers with as few as five employees, a big drop from the former 50+ employee decree.

So, a few bad apples have made more hoops for all business owners to jump through. You may be thinking that there must be a way to make this fast and easy, and there is, but it might not be the way you were assuming. Before you go through the effort of researching a quick fix, here are three common misconceptions training to comply with the new regarding the essential features and functions of a compliant training program.

MISCONCEPTION: I can just have my employees harassment! I can conduct and supervisors watch a video.

REALITY: In order to meet standards, harassment prevention training must be interactive. This can be achieved through classroom-style training, webinar, or interactive e-learning. If you choose to go with the e-learning approach, the training must provide instructions on how to contact a trainer who will answer questions within two business days. If a question training is no longer valid. Questions asked during a webinar or in a classroom setting can be answered on the spot and subsequently meet requirements.

Employers cannot have supervisors and/or employees watch or listen to a pre-recorded law.

MISCONCEPTION: I know how to prevent is asked and not answered that training myself.

REALITY: The California DFEH establishes three types of qualified trainers: a) Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or the federal Title VII;

b) Human resources professionals or harassment prevention consultants with at least two years of practical experience with discrimination, harassment, retaliation, and investigations;

c) Law school, college, or university instructors with a post-graduate degree or California teaching credential and 20 hours of instruction experience about applicable employment law.

d) Law school, college, or university instructors with a SCRHA Ad - 04-24-19.pdf 1 4/24/2019 4:43:16 PM post-graduate degree or California teaching credential and 20 hours of instruction experience about applicable employment law.

MISCONCEPTION: I already have a harassment-free work environment. It’s no big deal if I don’t do the harassment prevention training.

REALITY: If you are not discussing harassment prevention, people will frequently not even notice if they are doing it.

As an example, in a case involving the New York Knicks, $11.6 million in punitive damages was awarded to a former executive because the head coach called her a “B*%ch” and “Ho” to her face and later made a “thinly veiled solicitation for sex.” These were two individuals in high ranking positions in the organization. The head coach may have thought his comments were taken as a joke or that because they were both in positions of power, it would not be considered harassment. $11.6 million ended that notion.

While your organization’s pockets are likely not as deep as the New York Knicks, imagine what even $500 thousand in punitive damages would do to your business! Not to mention the bad press coverage, your reputation on “the street” (social media) with prospective employees, and the low employee morale that comes with all these negative repercussions.

As workplace cultures become more diverse and accepting of people coming from different walks of life, we must be more aware of behaviors that can be taken, at best, as offensive, and, at worst, as harassment. An effective training program will not only keep you compliant with California law but will help to ensure that your work environment is as inclusive and engaging as possible.