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Home - The Management Association
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Take Sexual Harassment Training & Complaints Seriously
by Kelly A. Hayden, JD, Director, Employment Law Services/General Counsel
Published Jan 31, 2012
By now, most employers are aware that they should conduct some form of anti-harassment training and have a policy in place that prevents harassment in the workplace. But these are not the only things a court will consider if a lawsuit is filed. How effective was the training? And what happens when a complaint is actually filed?
In EEOC v. Management Hospitality of Racine (Case No. 10-3247, 7th Cir., Jan. 9, 2012), two employees at the International House of Pancakes (“IHOP”) filed suit claiming they were subjected to a hostile work environment. Their claims included sexual comments and touching as well as being propositioned. It should be noted that both employees were teenagers.
The employer argued that it had a “zero tolerance” policy against harassment in the workplace and that all new employees were required to watch an educational video about this very topic. In addition, the company’s anti-harassment policy was distributed at the time of hire and employees were required to sign an acknowledgment form that they had received the policy. Unfortunately, thereafter, copies of the policy (which contained the complaint procedure) were placed in a locked file cabinet and were unavailable for employees to further review or print.
Ultimately, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana and Wisconsin) held that a reasonable jury could conclude that the employer did not have an effective policy and complaint mechanism in place concerning harassment. For example, the Court noted that managerial-level employees were involved in violating the policy and the General Manager and another manager failed to take any action after the employees made complaints. Moreover, the Court found the employer’s training to be ineffective. Employees who were promoted to managerial-level positions never received training concerning their obligations under the policy, complaints were not promptly investigated when they were made and the policy itself did not provide clear procedures for reporting harassment.
Employers should remember that if an employee files an administrative claim or lawsuit alleging harassment, their policy and training procedures (as well as the actual practice once a claim is filed) will be on trial. What kind of training do you provide? Are new managers trained? Are managers regularly “retrained” about what to do if a complaint is received? Do employees have easy access to the policy and complaint procedures? If a complaint is filed, is it given “top” priority by your management team? These are questions you should ask and answer before a claim is filed.
The Management Association is ready to assist you with your anti-harassment training needs. Please contact Candace Fisher at cfisher@hrsource.org or at 800.448.4584 to discuss what programs would benefit your workforce.
