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More States Are Updating Sexual Harassment Prevention Training Requirements

Is your organization’s training up to date? Find out more from HRTrain’s newsletter.

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Sexual Harassment Prevention Training Takes on the “Bystander Effect”

Feb. 12, 2019 – NEW YORK, NY –Sexual harassment prevention training increasingly incorporates the concept of bystander intervention. Now bystanders are learning to recognize workplace-related sexual harassment and recognize situations when they should report it.

California legislation encourages sexual harassment prevention training to include information on bystander intervention. New York City is mandating its inclusion, effective 2019.

“The slogan, ‘If you see something, say something,’ doesn’t just apply to security,” explains Rena Cohen Kozin, vice president of sales for HRTrain. “Reporting sexual harassment isn’t solely a supervisor’s responsibility. Effective training can help employees learn to when to step in and speak out.”

Bystanders can help victims of sexual harassment by:

-      confronting the harasser

-      interrupting the conversation and changing the subject

-      going to a supervisor

-      taking notes on what is occurring, offering to accompany him or her to report the incident, or serving as a witness in an official complaint

-      understanding that, like a victim of sexual harassment, he or she cannot be retaliated against by the organization.

Cohen Kozin adds: “Rather than ignoring sexual harassment in the workplace, which inadvertently makes inappropriate behavior acceptable, bystanders need to know that they have the power to use their voices to eliminate sexual harassment and improve the overall work environment.”

For more information about sexual harassment prevention training that addresses the bystander effect, please visit HRTrain or call 1-888-478-7246 x1.

Sources and Resources

https://www.psychologytoday.com/us/basics/bystander-effect

https://www1.nyc.gov/site/cchr/law/stop-sexual-harassment-act.page

https://www.ihollaback.org/resources/bystander-resources/

https://www.marketwatch.com/story/heres-how-to-help-if-you-witness-sexual-harassment-at-work-2017-12-01-10884211

About HRTrain

HRTraincreates customized, innovative, and engaging online learning solutions for the workplace that focus on the prevention of harassment, workplace violence, substance abuse, and unconscious bias, and addresses organizational diversity, conflict resolution, and ethics. To explore course content and try a demo, please visit www.HRTrain.com. For more information, please visit HRTrainor call 1-888-478-7246 x1.

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Agencies Strengthen Efforts to Prevent Public Sector Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) and Justice Department have signed a Memorandum of Understanding (MOU) to address and prevent workplace harassment at both the state and local levels. The agencies announced the enhanced effort jointly on Dec. 21 in Washington, D.C., as Assistant Attorney General Eric Dreiband and  EEOC Acting Chair Victoria A. Lipnic signed the document.

“Work organizations should seek freedom from harassment for employees at every level,” notes Rena Cohen Kozin, vice president of sales for HRTrain. “It is significant that these two key government entities acknowledge that there is more work to do to prevent harassment in the public sector.”

The memorandum also includes “provisions for the expedited coordination of any charge involving state or local government employers where the EEOC’s preliminary investigation of a charge reveals that immediate action is needed to prevent further harm. In those cases, the EEOC will provide the Justice Department with the information necessary to obtain an injunction, temporary or preliminary relief, in federal court for the affected employees, pending the final outcome of the charge.”

About HRTrain

HRTraincreates customized, innovative, and engaging online learning solutions for the workplace that focus on the prevention of harassment, workplace violence, substance abuse, and unconscious bias, and addresses organizational diversity, conflict resolution, and ethics. To explore course content and try a demo, please visit www.HRTrain.com. For more information, please visit HRTrainor call 1-888-478-7246 x1.

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Choosing a Training Company 101

Deadlines for training to prevent problems such as sexual harassment and violence in the workplace are approaching in several states. That’s why organizations now face an array of decisions: Which training companies will understand my organization’s needs? How will training fulfill state regulations? Which training format will be the most effective? Here’s a quick guide to some of the features that organizations should weigh when choosing a training company.

Background matters.

Look for a responsive sales team composed of knowledgeable human resources professionals with meaningful experience. A company with access to experienced employment attorneys and subject matter experts well-versed in applicable regulations and compliance is a must.  

Format matters.

Classroom- and seminar-style training can be disruptive to day-to-day operations, costly, and inconsistent. Online learning allows employees to schedule training at their own pace; bookmark completed sections and restart where they left off; send a consistent message to all employees; and accommodate organizations with multiple locations, remote employees, and employees who travel.

Trackingmatters.

Effective training should include compliance tracking or SCORM compliant versions that can be hosted on your organization’s LMS. Consider a company that can host the training and includes a Compliance Tracking Tool (CTT) that provides access to a password-protected website and information about the employees that have been launched for training. This includes the ability to run reports in real time, see who has completed training, monitor progress, and view start and completion dates. The CTT also handles everything from access to course completion data to informing and reminding employees about training status and requirements.  Organizations with their own LMS should consider a company that can deliver customized SCORM compliant versions of the training.

Customization matters.

One size does not fit all. Customized training provides critical benefits to your organization and employees, and may be required according to regulations in some states.

Training can include scenarios depicting harassment situations that are relevant to your organization and employees and scenarios that feature specific work environments – everything from restaurants and food service, to healthcare and education.

Look for training that can include your organization's discriminatory harassment prevention policy and an introductory message from senior management; your organization’s logo and colors; and an email address where employees can send training-related questions to the appropriate in-house contact.

About HRTrain

HRTrain creates customized, innovative, and engaging online learning solutions for the workplace that focus on the prevention of harassment, workplace violence, substance abuse, and unconscious bias, and addresses organizational diversity, conflict resolution, and ethics. To explore course content and try a demo, please visit www.HRTrain.com. For more information, please visit HRTrain or call 1-888-478-7246 x1.

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Workplace Violence: Spotting the Signs, Taking Appropriate Action

News headlines can push violence to become top-of-mind in the workplace. While organizations can’t guarantee that violence will never occur, there are meaningful steps that employees and supervisors can take to spot warning signs – and hopefully prevent it.

HRTrain’s online workplace violence prevention training explains:

- what workplace violence is

- what risk and stress factors may contribute to potential workplace violence

- what meaningful actions employees can take to prevent tragedy

- what to do if violence occurs.

The interactive, customizable training enables employees to practice identifying warning signs and how to avoid the “bystander effect” – a phenomenon that can occur when people are more likely to avoid helping someone when others are present.

In addition, HRTrain’s program reveals the unique role supervisors can play, explains Rena Cohen Kozin, vice president of sales for HRTrain.

“Similar to when there is an instance of sexual harassment, supervisors truly serve as the eyes and ears of an organization,” Cohen Kozin says. “HRTrain enters the picture to help employees in advance of something happening, and also helps them know what to do if an act of violence should occur.”

For more information, please visit HRTrain or call 1-888-478-7246 x1.

To learn more about HRTrain’s online Workplace Violence Prevention training program, click here.

Please register here for access to a preview of the workplace violence prevention course.

Sources

Click on this link to obtain information from the Department of Homeland Security about active shooter preparedness.

Learn more about the bystander effect.

About HRTrain

HRTrain creates customized, innovative, and engaging online learning solutions that focus on workplace issues including harassment prevention, unconscious bias, diversity, conflict resolution, and workplace ethics. To explore course content and try a demo, please visit www.HRTrain.com.

[hrtrain]

New York State Finalizing Sexual Harassment Model Training Regulations

Organizations in New York await the state’s final sexual harassment model training guidelines. The final regulations are expected to be released before the Oct. 9th deadline.

“HRTrain and our clients await the final version of these guidelines,” says Rena Cohen Kozin, vice president of sales for HRTrain. “We will be updating our training as soon as the state issues its final sample model training so that our training will meet the requirements.”

The state’s draft currently includes:

-      definitions and explanations of sexual harassment, a hostile work environment, and retaliation

-      an overview of who mandatory reporters of sexual harassment are, and what actions witnesses to sexual harassment should take

-      guidelines for conducting an investigation of sexual harassment

-      examples of corrective measures an organization may take

-      case studies

For more information, please visit HRTrain or call 1-888-478-7246 x1.

Source

Here is more information on New York State’s current draft of its sexual harassment model training guidelines.

About HRTrain

HRTrain creates customized, innovative, and engaging online learning solutions that focus on workplace issues including harassment prevention, unconscious bias, diversity, conflict resolution, and workplace ethics. To explore course content and try a demo, please visit www.HRTrain.com.

[hrtrain]

Uncovering Unconscious Bias in the Workplace

Race and nationality only scratch the surface when it comes to bias. Accents, body art, dressing style, or something like a person’s weight can affect how we think and treat others. When employees unknowingly carry these biases into the workplace, it is known as unconscious bias, and can affect every facet of an organization:hiring, performance reviews, promotions, and more.

“HRTrain has developed training that helps employees discover a new lens through which they can view each other, and ultimately cooperate better as they become aware of these biases and their potential impact,” explains Rena Cohen Kozin, vice president of sales for HRTrain.  

Using games, practice exercises, and even comedy, HRTrain’s engaging, unique approach to understanding unconscious bias helps employees fight bias to create work environments that support and encourage peoples’ differences.

HRTrain subject matter expert, Karen Felix, explains.

“In developing this course, we understood that people draw conclusions based on hidden bits of information influencing our thoughts and behaviors,” Felix says. “Although this process can happen beyond our awareness or intentional control, HRTrain’s training can help uncover the natural process of unconscious bias, and how it can potentially manifest in the workplace. The course aims to broaden the learner’s understanding of their own potential biases, thereby improving their relationships both in their jobs and elsewhere.”

For more information, please visit HRTrain,or call 1-888-478-7246 X1.

Sources

Want to uncover your own unconscious biases? Take a test!

These Millennials Took Harvard’s Bias Test–Here’s What They Learned

(Fast Company)

About HR Train

HRTrain creates customized, innovative, and engaging online learning solutions that focus on workplace issues including harassment prevention, unconscious bias, diversity, conflict resolution, and workplace ethics. HRTrain partners with employment attorneys and subject matter experts to develop a blended approach to training, providing both on-site and online training to meet the needs of your entire organization. To explore course content and try a demo, please visit www.HRTrain.com.

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HRTrain Provides State-Mandated Annual Sexual Harassment Prevention Training

New York State has made clear its commitment to preventing sexual harassment and discrimination in the workplace. On the heels of the #metoo movement, the state has implemented an Oct. 9, 2018 deadline for employers to provide annual sexual harassment prevention training. Employers may use a state-created version of the training, create their own, or use another resource that meets state requirements.

“Employers find themselves asking, ‘How can we create meaningful awareness on an annual basis?’” says Rena Cohen Kozin, vice president of sales for HRTrain.  “It’s vital for learners to participate in clear, accessible training that will meet state requirements and engage annually. For some, that may mean customizing sessions for employees and presenting multiple scenarios – after all, organizations come in all shapes and sizes.”

HRTrain’s accessible, engaging sexual and discriminatory harassment prevention training presents several scenarios, and organizations can select the scenarios to be included in the training in consultation with the HRTrain team.  

Providing customized sexual and discriminatory harassment prevention training – including explaining different types of harassment, and who and what protected classes are – the HRTrain team understands that “Training isn’t about simply checking a box, or complicating matters by using intimidating legal terms,” Cohen Kozin says. “All employees need to be able to relate to the material.”

HRTrain’s online training courses meet state requirements by providing:

- an explanation of sexual and discriminatory harassment with examples of inappropriate conduct - information concerning federal, state and local laws, and the remedies available to victims of harassment - an explanation of employees’ rights and the available administrative and judicial forums for bringing complaints.

For more information, please visit HRTrain or call 1-888-478-7246 X1.

Sources:

https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-york-sexual-harassment-training.aspx

https://www.nysenate.gov/newsroom/articles/thomas-f-omara/state-senate-approves-comprehensive-legislation-combat-sexual

About HR Train HRTrain creates customized, innovative, and engaging online learning solutions that focus on workplace issues including harassment prevention, unconscious bias, diversity, conflict resolution, and workplace ethics. To explore course content and try a demo, please visit https://www.hrtrain.com or email us at elearn@hrtrain.com.

[hrtrain]

Combat Harassment, Turn to Training

Amid heightened concern over incidents of sexual harassment in the workplace, businesses and nonprofits are stepping up their efforts to train workers and clarify policies and reporting requirements. But while training and administrative changes come with additional costs, experts say they are negligible compared with potential financial losses and damage to reputations from a successful case.

“The demand for training and services in this area has increased significantly,” said Frank Zych, training and development practice leader for HR Knowledge, a Mansfield human resources consulting firm. Businesses, he said, are increasingly recognizing the potential harm that can come from harassment complaints. “The costs of doing nothing include tangible legal risks and less tangible costs like damage that may occur to a company’s reputation and the potential for that to be spread on social media sites,” he said.

Productivity and worker turnover rates can also suffer should the workplace environment be turned toxic by harassment or other inappropriate behavior. But there’s a bigger reason for CEOs and human resources professionals to take steps to keep inappropriate behavior out of the office. “It’s the right thing to do,” Zych said.

Companies and nonprofits both small and large are taking the message seriously. Many, like Attleboro’s Sturdy Memorial Hospital, have had policies in place for years. “We discuss policy and what constitutes sexual harassment at orientation for all new employees, this is also required by law. In addition, through our annual education program, all employees at all levels receive reminder education on the prohibition of sexual harassment,” said the hospital’s vice president for human resources, Cheryl Barrows. “This education is also required by law in Massachusetts for any employer with six or more employees.”

Management experts say training that merely focuses on awareness of the sexual harassment issue through passive online presentations or slide shows may not be the most effective method of educating workers.

“It may help protect the organization legally, but it’s not a situation where you can be interactive, talk about various scenarios and ask questions,” said Jakari Griffith, an assistant professor in the management department at Bridgewater State University.

Federal law prohibits harassing another person because of gender. According to the U.S. Equal Employment Opportunity Commission, harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Although simple teasing does not qualify as harassment, it can be deemed so if it becomes so frequent or severe that it creates a hostile work environment. While there is no guaranteeing that training workers and setting policies for office behavior will rule out any future lawsuits or claims of sexual harassment, Zych calls it an essential first step. “A pound of prevention is worth many tons of cure,” he said. “A company is in a much better position if they have policies in place and a clear reporting structure.”

As your organization is turning to training to prevent harassment situations, HRTrain is here to help. At HRTrain, we offer customized, innovative and engaging elearning solutions that focus on workplace issues. Our customized discriminatory and sexual harassment prevention training incorporates realistic scenarios to encourage employees to consider the consequences of different decisions or patterns of conduct. HRTrain’s Harassment Prevention training, along with our other customized, innovative and engaging courses that focus on workplace issues will help your organization get it right! For more information about this and the other training courses offered by HRTrain, visit http://www.hrtrain.com/ or contact us at 888-478-7246 x1 or elearn@hrtrain.com.

Article source: http://www.thesunchronicle.com/business/homing-in-on-harassment-businesses-turn-to-training-new-policies/article_3fb2a606-ec26-5039-8ea3-0f2daee70d22.html

Image Source: Pexels.com

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Harassment Prevention: A Key Priority

Minimizing workplace harassment claims has become the employer’s top priority along with ensuring proper compliance with the EEOC. Proof of this is seem in the daily headlines of workplace harassment. Employers want to avoid harassment claims and litigation at all costs.

Even before recent harassment headlines, combating harassment in the workplace has been of top importance for the Equal Employment Opportunity Commission (EEOC). The EEOC is “the country’s chief federal enforcement agency responsible for receiving and investigating charges of discrimination, as demonstrated by EEOC litigation, settlements and agency initiatives” (Hartstein, 2018). For example, during the 2017 Fiscal Year, 30% of lawsuits filed were in relation to workplace harassment.

In a report by Littler Mendelson, P.C., they outline a guide for employers to help them navigate preventing harassment in the workplace. Four main objectives of the report includes: (1) highlights key segments of the EEOC’s Task Force Report on Harassment and assists employers in harassment prevention; (2) reviews the EEOC’s perspective on actionable harassment claims and potential liability for harassment; (3) summarizes recent EEOC litigation and lessons learned; and (4) highlights key legal issues involving EEOC systemic harassment claims.

To read the full Littler Report, click the following link: https://www.littler.com/files/harassment_report_2018.pdf

HRTrain creates innovative and engaging online training solutions that focus on workplace issues. Our Harassment Prevention training courses are customized to include your organization’s policy and message to your employees, as well as realistic workplace scenarios so that learners are given insight and guidelines on appropriate and inappropriate behaviors. HRTrain will work with your organization to help prevent harassment. To learn more about HRTrain, please visit http://www.hrtrain.com/ or contact us at 888-478-7246 x1 or elearn@hrtrain.com.

Article Source: https://www.littler.com/publication-press/publication/challenging-harassment-workplace-key-priority-eeoc

Image Source: Pexels.com

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Can Employees Waive the Right to Bring a Sexual Harassment Claim?

In recent events with brave victims coming forward about sexual harassment and assult allegations, nondisclosure agreements (NDA) and confidentiallity agreements are under scruitney because of the question, “Can such agreements go too far by keeping victims silent?”

It is a common practice for businesses and organizations to have NDAs in order to keep businesses secrets confidential as well as business information such as clients and customer lists. This practice is most commonly seen at the end of a business relationship such as when an employee resigns or is let go.

"Pre-employment NDAs often include broad prohibitions against comments that could harm the company's business reputation or an employee's personal reputation," said Shafeeqa Giarratani and Derek Rollins, attorneys with Ogletree Deakins in Austin, Texas, in an e-mail to SHRM Online. "However, employers seeking to use these restrictions to prevent employees from discussing illegal activities may find them unenforceable, depending upon to whom the disclosure is made."

Examples provided were unfair practices of employers banning employees from speaking about harassment complaints in the workplace. Likewise, workers always have the right to speak about discrimination and harassment claims if they are being questioned by the Equal Employment Opportunity Commission or civil rights agencies.  

Post-Employment Releases

In exchange for sexual harassment or civil rights claims, many companies provide severance packages to departing employees to rid any claims that may stand.  "Release agreements are much more enforceable than NDAs in this context, and have in the past been effective at waiving civil rights claims and stifling criminal charges," Giarratani and Rollins said. 

A severance agreement can be considered unenforceable if it prevents an employee from filing a charge with the Equal Opportunity Commission or from participating in an investigation in regard to workplace harassment.

Legal Risks

Many employers find that even if they prepare pre- or post- employment agreements, many can be considered unenforacble. As well as the inabillity to enforce, organizations might find that producing NDAs can cause unwanted attention and these agreements tend to draw questions along with them.

"Employers may also find themselves the subject of negative press as both the alleged bad actors and the efforts to hide them come to light," Giarratani and Rollins said.

HRTrain creates customized, innovative and engaging elearning solutions that focus on workplace issues. HRTrain’s discriminatory and sexual harassment prevention training solutions can help your organization reduce the amount of discriminatory harassment in the workplace as well as take advantage of the various affirmative defenses that are available in discrimination and sexual harassment cases. We have many different scenarios that can be utilized in the training that cover all of the protected classes. To learn more about what HRTrain can offer your organization, please visit http://www.hrtrain.com/ or contact us at 888-478-7246 x1 or elearn@hrtrain.com.

Article Source: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/nondisclosure-agreements-sexual-harassment-claims.aspx

Image Source: https://www.shouselaw.com/employment/harassment.html

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#MeToo: Where was HR?

In recent news and conversation surrounding the #Metoo and Time’s Up Campaign, the same question keeps circulating: where was HR? In an article named #Metoo: Where Was HR? written by Johnny C. Taylor, JR SHRM-SCP, he attempts to give his insight on the topic and how HR has been involved, but needs to work harder to help prevent workplace violence and harassment.

Taylor writes, “It’s a fair question. Employees look to HR for answers because part of our job is to foster a respectful, safe and productive workplace. While most employees may not know about HR’s successful interventions behind the scenes to prevent sexual harassment, we must acknowledge that this national conversation is a plain signal that in many workplaces, something is broken. As a profession, HR must do more.

Given that nearly every U.S. organization (98 percent) has a sexual harassment policy, clearly the problem is bigger than policy; it’s a matter of culture. This is where HR can do more. This is where HR must lead.

Our profession’s highest and best value is defining and keeping a healthy culture for employees. We can never forget that every decision our organizations make reinforces or undermines culture—from who is recruited, rewarded and recognized to how to prevent bad behavior or handle it when it occurs. Good HR fosters a culture that holds every employee accountable to the company’s defined values and behaviors, and responds in the moment to the rare violation.” 

It is important for organizations to “do more” to help prevent sexual harassment in their workplace. HRTrain can help your organization develop a culture that does not accept inappropriate behavior. HRTrain offers customized and innovative elearning  that will provide your organization with workplace harassment and discrimination prevention that will be understandable to your employees.. For more information about how HRTrain can best support your organization, please visit http://www.hrtrain.com/ or contact us by phone at 888-478-7246 x1 or email at elearn@hrtrain.com

Image Source: https://img.buzzfeed.com/buzzfeed-static/static/2017-10/17/17/asset/buzzfeed-prod-fastlane-03/sub-buzz-17531-1508276389-5.jpg?downsize=715:*&output-format=auto&output-quality=auto

Article Source: https://www.shrm.org/hr-today/news/hr-magazine/0218/pages/metoo-where-was-hr.aspx

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5 Ways to Strengthen Your Anti-Harassment Complaint Procedure

1. Make Clear Who Can Bring Complaints

Complaint procedures do not only apply to those employees who are experiencing harassment. If an employee witness’s inappropriate behavior, it needs to be reported and recorded. What also needs to be stressed is that employees can report harassment concerns even if the actions do not directly violate the law. For example, if an employee makes degrading comments about another employee’s gender, that is not unlawful, but it is inappropriate behavior and should not be accepted. Anti-harassment policy much contains a complaint procedure that prohibits unacceptable behavior, even if it is lawful. Complaint procedure and anti-harassment policy must pertain to sexual, racial, ethnic, religious, and other forms of harassment.

2. Have Multiple Points of Contact

For proper complain procedures, employees cannot be obligated to report incidents of harassment to only their supervisors or directors. At the very least, employees should be able to report incidents of harassment to their supervisors or HR department. This gives multiple points of contact, so employees can feel as comfortable as possible coming forward about incidents of harassment.

Some companies even provide their employees with a third-party hotline so that employees can come forward anonymously. If your company makes use of a third-party reporting, make sure multiple people receive word of the harassment report to avoid a single employee hiding information.

3. Detail What Constitutes Prohibited Conduct

Complaint procedures must outline what types of behavior are unacceptable in the workplace. These three key points should be considered…

       - Unacceptable employee conduct that results in complaints can happen at work, but also company sponsored business and social events. This also can relate to situations completely unrelated to the workplace such as unwanted phone calls from colleges or romantic relationships that may develop in the workplace.

       - Not only can misconduct arise from other employees, but harassment misconduct can also come from customers, clients, partners, venders or suppliers.

       - Corrective actions will also need to be taken if harassment occurs via social medias such as Facebook, Twitter, email, and text message. Even if there is harassment focused content developed on a personal page, it can still be taken up as workplace harassment if a related party sees it.

4. Provide Robust Protection Against Retaliation

A common trend to see is employees refraining from reporting incidents of harassment due to the fear of retaliation. A well-structured complaint policy should develop a foundation with a business that does not accept retaliation by any means. The following three points can help…

       - Protection should stretch to all related members to the harassment complaint. This should include the victim, any witnesses, anyone involved in the investigation and those who are directly associated with the complaint.

       - Businesses should do more than prohibit retaliatory adverse employment actions, for example, discharge. Employers should control retaliation in ways of changing the employee’s terms and conditions of their employment.

       - Employers should clarify in both training and harassment investigation that even if a complaint does not bring up legal consequences, that does not mean it is acceptable behavior for a work place.

5. Take Strong Corrective Action

Complaint and harassment policy should clearly define the corrective actions that should be taken if an employee has experiences harassment of any kind from a co-worker or related partner to the business’s function. The definition of the corrective actions to be take must include detailed discipline from lesser offenses to all the way to termination. The reference toward related partners to the business is important to outline because the offender might not always be an employee of the company.

The most important part of strengthening anti-harassment complaint policies is to be prepared for the increased amount of complaints that are coming forward, but this is a good thing! Employers never want to hear that their employees have been suffering in silence from inappropriate misconduct.  

At HRTrain, we offer customized eLearning training solutions that focus on workplace issues, such as harassment prevention and having learners follow your organizations polices and complaint procedures. We have scenarios that focus on different potential harassment and discrimination situations that may arise in the workplace to guide how employees and supervisors on how they should react if unacceptable behavior occurs. HRTrain’s courses can also help your organization reduce conflict and increase communication. For more information about how HRTrain can best support your organization, please visit http://www.hrtrain.com/ or contact us by phone at 888-478-7246 x1 or email at elearn@hrtrain.com

Article Source: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/strengthen-harassment-complaint-procedure.aspx

Image Source: PeopleImages.com/DigitalVision/Getty Images

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Ways to Make it Easy for Employees to Speak Out when Harassment Occurs

In recent events, many women have been stepping forward and speaking out about sexual misconduct and harassment that they have experienced in the workplace. Even though so many people have found the voice to speak out, many victims worry about the consequences and security of their job after calling out inappropriate behavior from co-workers. What is important is to make a work environment that trains employees against harassment, but, at the same time, make a comfortable environment for employees to speak out when confronted with harassment.

Have the Difficult Conversation

Many companies have the proper harassment policies in place, the issue is addressing employees on a personal level to make them feel comfortable speaking up about these difficult scenarios. While training is an extremely important aspect to avoiding workplace harassment, training alone will not help you company address issues around harassment if they arise. Having a conversations with employees is extremely important. Make your HR efforts work on behalf of the employees. Traci Schweikert, VP of HR for the newspaper Politico, commented on her HR responsibilities, “I do what I do because I want to make any workplace I'm a part of better. As HR leaders, our job is to continue to push until we feel that the organization is in the right place.” Have the difficult conversations with your employees. If you can meet them on a person level, they will feel more comfortable speaking out about problems they have been confronted with in their work space.

Listen to Employees

Along with the importance of developing a positive environment that facilities conversation about difficult scenarios, employers need to take on the practice of actively listening to their employees and their concerns. When employers take a moment and listen, they can find out more about situations that are happening in their workplaces. During conversations, focus on active listening, try to see if there is more than the content they are sharing, and attempt not to interject with counter arguments. Employees should feel that their voice is valued and that employers care to listen.

Include Men in the Solution

To successfully change the culture of harassment in the work place, it needs to be both men and women speaking, both to each other and about issues that arise. Joanne Lipman, former editor-chief at USA Today, made an important comment that reads, "By not including men in this conversation, [there are] two unfortunate side effects: We demonize the good guys. And—because we're not sharing these concerns and issues we face every day—these guys are clueless; they just aren't aware of what the issues are." By speaking up and including men in the conversation, the movement to rid workplaces of harassment will be much more successful because of the awareness brought to the subject and the inclusion of all employees.

Train Effectively with HRTrain’s Online Workplace Training Solutions

HRTrain offers customized eLearning solutions that train your employees on how to help prevent harassment, discrimination and violence in the workplace. Training is no longer something just to be checked off your to-do list.  All employees need to be trained and HRTrain is here to help with a cost-effective solution. We offer customized, online training programs using realistic workplace scenarios to help your organization avoid any encounters that could potentially arise. To learn more about the online workplace training solutions HRTrain can offer your organization, please visit http://www.hrtrain.com/ or contact us at 888-478-7246 x1 or elearn@hrtrain.com.

Article Source: https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/make-it-easy-for-employees-to-speak-out-when-harassment-occurs-.aspx

Image Source: https://www.altoastral.com.br/wp-content/uploads/2017/04/linguagem-corporal.jpg

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Workplace Sexual Harassment: Me Too or Not Us?

Image Source: http://hrdailyadvisor.blr.com/2014/09/03/sexual-harassment-in-the-workplace-quid-pro-quo-versus-hostile-work-environment/

Sexual harassment cuts across all professional industries, as validated by the recent "me too" campaign. Incidents can be found in politics, law, education, corporate and blue-collar America, and Hollywood. One need only search Google for "sexual harassment cases" to find the articles: there are cases against prominent law firms, financial institutions, tech companies and even a yoga instructor. 

Companies that take a "not us" attitude are setting themselves up for potential disaster. It is unlikely that Uber, Google, Chadbourne & Parke, Kleiner Perkins (where Ellen Pao worked) and the countless organizations that face public gender harassment and discrimination scandals ever thought it could happen to them. But it did. 

Although claims of sexual harassment prevail in nearly every industry, according to the Equal Employment Opportunity Commission's (EEOC's) acting Chair Victoria Lipnic, "only about 30 percent of women who experience harassment ever complain internally." Even fewer are likely to file a charge with the EEOC, although companies can still be aware that inappropriate behavior is occurring. 

How an enterprise handles a complaint—or even a whisper—of sexual harassment has significant impact. For example, in the case of the Weinstein Company, it seems incredible that the company's board denied knowledge of the actions of its founder. Yet, many companies will turn a blind eye to the actions of executives, top performers or great salespeople. 

Failing to prevent an issue—or worse, ignoring an existing problem—can have monumental, negative consequences, all of which have significant financial ramifications. If the victim complains to the EEOC, the company will be the subject of an investigation, and, if meritorious, a lawsuit by the EEOC on behalf of the victim. In 2016, the EEOC received approximately 27,000 charges of sexual harassment. 

Victims more often consult with a private attorney who can directly file a lawsuit against the company. However, many victims do not initially take this route out of fear of retaliation or public humiliation. 

Rather, incidents of sexual harassment often come to light via social media, as in the case of Harvey Weinstein, Bill Cosby and Bill O'Reilly. Then comes either an EEOC investigation, litigation or both. 

Depending on the facts and complexities of a case, including whether it is litigated or settled, actual out-of-pocket costs for a company can range anywhere from $100,000 to millions of dollars. And that does not include reputational costs, and costs associated with loss of clients, customers and investors (as with Uber), as well as the opportunity costs associated with attracting and retaining talent. 

Ignoring claims, whispers, or "open secrets" about bullying, sexual harassment and other predatory conduct will (not may) have severe ramifications for any company. In addition to legal and financial consequences, dismissing or even discounting employee complaints will have a domino effect inside an organization: 

It sends a message     of unacceptable behavior which permeates the organization's culture. 

It rewards the     wrong individual and legitimizes the conduct, while simultaneously further     stigmatizing the victim.

It can have a     disastrous effect on the future sustainability of the company once     exposed. 

So, what is a company to do? These are best practices to follow. 

Develop, implement and practice a good anti-harassment policy. If you do not have one, get one. If your "policy" is not written down, formalize it and publish it to all employees. If your policy is sitting on a shelf in your HR manager's office and has not been reviewed in the past several years, dust it off, work with a legal professional to revise it, and add examples of unacceptable conduct and consequences for violations. 

Have a multi-option complaint policy. Companies should have two or more unrelated ways that employees can complain about harassment, discrimination or retaliation. For example, if your policy states to go to the president of the company, and that individual is the harasser, your policy is completely meaningless. 

Investigate the conduct. Even if you do not have an official complaint, but merely whisperings in the office—or outside the office at an event or on social media—do not hesitate to properly investigate the conduct alleged. Hire an outside investigation firm, or contact an attorney for guidance. 

If the evidence warrants, take action. Even if the person is your top performer, CEO or best salesperson. Sexual harassment is inexcusable regardless of who the harasser is. 

Do not fall into the "not us" trap of complacency. Be preventative and proactive. Bring in a third-party expert to conduct a diversity audit or assessment. Every company should examine what cultural and diversity issues exist and could exist.  If your corporate culture does not truly value respect, open communication and psychological safety, your company has potential exposure. Create strategic solutions, particularly around gender diversity, that are substantive, comprehensive and measured. Simply having these initiatives in name only (or "checking the box") is not enough and can in fact work against a company in the event of litigation. Educate your workforce. Training on sexual harassment is a start, but it is not enough. Companies also need to educate their employees on issues of communication, team collaboration and implicit bias. Embed a culture where any inappropriate behavior is not an option. 

The costs of dealing with a diversity crisis like sexual harassment—litigation, destroyed reputation, loss of customers, clients or investors, inability to attract and retain talent, loss of competitive advantage and sustainability—is far greater than making the investment in your culture. The pain can be prevented. Bet the Weinstein Company now wishes it had done things differently. 

At HRTrain, we offer customized, innovative and engaging elearning solutions that focus on workplace issues, including Sexual and Discriminatory Harassment Prevention. The training is designed to effectively reduce the amount of harassment in the workplace, as well as take advantage of the various affirmative defenses that are available in discrimination cases. To learn more about the online workplace training solutions HRTrain can offer your organization, please visit http://www.hrtrain.com/ or contact us at 888-478-7246 x1 or elearn@hrtrain.com.

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Chicago Adopts Law Protecting Hotel Workers from Sexual Assault

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To provide hospitality workers greater protections against sexual harassment and assault, the Chicago City Council passed the "Hands Off Pants On" ordinance on Oct. 11. The ordinance requires all hotels in the city to adopt a panic button system and an anti-sexual harassment policy. The ordinance was passed after months of lobbying efforts by local hospitality workers.

Panic Button

The ordinance (revising section 4-6-180 of the Chicago Municipal Code) requires hotels in Chicago to equip all employees who work alone in guest rooms or restrooms with a "panic button" or other notification device. The device must be designed to alert and summon hotel security or management for help in the event the employee reasonably believes that an ongoing crime, sexual harassment, sexual assault or other emergency is occurring in the employee's presence.

These portable panic buttons or other notification devices must be provided at no cost to covered employees by July 1, 2018.

The ordinance states that the "panic button" must be a "portable emergency contact device" which allows employees to quickly and easily summon prompt assistance from a hotel security officer, manager or other appropriate hotel staff member to the employee's location.

As part of implementing these new "panic button" systems, employers should be prepared to provide training to employees regarding how to use the devices and respond to alerts.

Anti-Sexual Harassment Policy

The "Hands Off Pants On" ordinance also requires that all Chicago hotels develop, maintain and comply with a written anti-sexual harassment policy designed to protect employees against sexual assault and sexual harassment by hotel guests.

The policy must:

Encourage     employees to immediately report instances of alleged sexual assault and     sexual harassment by guests.

Describe the     procedures that the employee and the hotel will follow in response to such     reports.

Instruct employees     to stop working and immediately leave the area of the perceived danger     until hotel security or the police arrive to provide assistance.

Offer temporary     work assignments to the complaining employee for the duration of the     offending guest's stay at the hotel.

Provide employees     with paid time off to file any appropriate police reports or testify as a     witness in any legal proceedings arising from the incident.

Inform employees     that the Illinois Human Rights Act, Title VII of the Civil Rights Act of     1964, and the Chicago Human Rights Ordinance provide additional     protections against sexual harassment in the workplace.

Inform employees     that they will not be retaliated against for reasonably using a panic     button or notification device.

Chicago hotels must comply with the ordinance's policy requirement by Jan. 7, 2018.

Anti-Retaliation

It is unlawful for hotels to retaliate against employees for reasonably using a panic button or notification device, or otherwise disclosing, reporting, or testifying about any violation of the ordinance. Employees can file complaints alleging violations of the ordinance with the Chicago Commission on Human Relations.

Hotels found to have committed two or more violations of the ordinance in any 12-month period are subject to having their license suspended or revoked by the city.

Additionally, hotels may face between $250 and $500 in daily fines for each violation of the ordinance.

HRTrain's discriminatory and sexual harassment prevention training solutions can help your organization reduce the amount of harassment in the workplace as well as take advantage of the various affirmative defenses that are available in discrimination cases. We have many different scenarios that can be utilized in the training that cover all of the protected classes. Of course, we have scenarios that focus on sexual harassment. We also have scenarios that focus on racial harassment and discrimination, age harassment and discrimination, disability harassment and discrimination, gender identity harassment and discrimination, as well as other protected classes. To learn more about the online workplace training solutions HRTrain can offer your organization, please visit http://www.hrtrain.com/ or contact us at 888-478-7246 x1 or elearn@hrtrain.com.

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Don't Just Quash Conflict -- Resolve It

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In my new book, Managing Conflict: A Practical Guide to Resolution in the Workplace (Kogan Page, 2017), I set out to examine the effects of conflict within organizations. My aim is to raise awareness that there is a wide range of approaches for managing conflict that are significantly better than traditional, litigation-inspired grievance or disciplinary procedures. However, to manage conflict at work, it is important to understand its life cycle: how it forms, how it develops, how we react to it and how it can be resolved. My book provides a detailed analysis of the life cycle of a conflict as well as tips and hints for spotting, preventing and managing conflict effectively.

Types of Conflict

There are two types of conflict at work.

The first type of conflict is one that we are all aware of. This is dysfunctional conflict. It goes by many names: grievance, bullying, harassment, feud, quarrel, row, complaint, battle and war, for example. This is the kind of conflict that costs money, wastes time and creates stress. HR and business leaders have spent many years crafting policy frameworks and operating procedures that aim to minimize the damage done by dysfunctional conflict. The hope has always been that these policies and procedures will spit out two happy people and that a just and fair outcome will be achieved. The harsh reality is this doesn't work. This approach is reductive, it infantilizes the workforce, it polarizes the parties, and it encourages dogma and intransigence. This is not justice and fairness. This is a mirage of justice wrapped in the illusion of procedural fairness.

The second type of conflict is not so widely recognized. This is functional conflict. It goes by many names, including healthy debate, dialogue, disagreement and problem-solving consensus building. Functional conflict is at the heart of every healthy, happy and harmonious relationship.

There are three core elements to functional conflict:

Dialogue.

Empathy.

Insight.

The problem is that many HR teams have become so obsessed with applying increasingly complex and cumbersome policies and procedures that they have lost sight of the fundamentals of how to manage conflict, change, crisis and controversy effectively. The worst example of this is the traditional grievance process, which creates a culture that is extraordinarily damaging. It kills the working relationship. Dead.

Developing a Total Conflict Management System

More and more organizations are reframing their approach and are focusing on promoting functional conflict among their workforce rather than waiting for dysfunctional conflict to manifest and then (over)reacting to it when it does.

The following list sets out 10 steps that more and more organizations are using to create a resolution culture rather than a grievance culture. These 10 steps, when combined, create a powerful and highly effective process called a Total Conflict Management System:

Understand the     real cost of conflict and build a business case for resolutions that link the     impact of conflict management to employee engagement, time spent, money,     health and well-being, performance, productivity, reputation, customer     experience, and overall business effectiveness.

Replace the     traditional grievance and bullying policy with a single resolution policy.This delivers     significant benefits due to its being a proactive, person-centered,     values-based approach for managing conflict. The focus of the resolution     policy is about building trust, promoting dialogue and encouraging     collaborative problem-solving. Rather than lodging a grievance, employees     make a "request for resolution." Imagine that—no more     grievances!

Align the core     values of your organization with your strategy, leadership competencies,     management behaviors, employee experience and ultimately customer     experience. If your values are the conscience of your     organization, then it follows that your HR systems and your management     behaviors should be fully aligned to them.

Communicate with     and engage your workforce. This new approach may be misunderstood by     some; as a result, people may question its validity and its purpose.     Develop a coherent communications and engagement plan to ensure that     people feel engaged, that they trust what you are doing, and that they are     given a voice in the design and implementation of managing conflict     strategy.

Enhance the use of     "resolution triage assessments." HR professionals     deliver a proactive assessment of request for resolution—a triage. They     then allocate cases to the most appropriate route to resolution. In many     instances, this may be an early resolution meeting, but it can also     include a facilitated conversation or mediation.

Promote early     resolution meetings. These are simply conversations that happen     between two or more work colleagues or between an employee and a manager.     It is vital that managers are trained to have confident conversations and     to promote resolution. Listening, asking questions, summarizing, reframing     and principled negotiation can all help to make conflict functional and     prevent it from becoming dysfunctional.

Increase the use     of facilitated conversations. More and more organizations are using a     co-facilitation model where the union and HR or a manager pair up to     facilitate a conversation. It requires a bit of training and practice to     get it right, but—wow!—the impact can be extraordinary.

Promote mediation     and develop a mediation scheme. Organizations big     and small are embedding mediation schemes and training people to work as     in-house mediators. Effective mediation can result in many thousands—and     in some cases millions—of dollars saved. Embedding an internal mediation     scheme ensures that you have a rapid response team that can resolve even     the most complicated disputes, including bullying, harassment and     discrimination.

Enhance the     tripartite relationship between HR, managers and unions. A truly     integrated approach for managing conflict will not work unless HR,     managers and employee reps/unions work collaboratively. This relationship     is at the heart of effective employee relations, and it is fundamentally     important in terms of making a shift from dysfunctional to functional     conflict. Managing conflict is a true test of the pluralist workplace.     It's important to get it right.

Measure the impact     of resolution. Managing conflict strategy will create some     obvious and perhaps less obvious benefits. Your case management systems     and the use of information systems will allow you to continually monitor,     evaluate and adapt your approach.

Much of this may seem like common sense. However, existing policies and procedures often inhibit common sense. If the future of work is human; if building and maintaining trust and resilience is important; if you want to create a happy, healthy and harmonious workforce; and if you want to deliver HR services that are aligned to your core values, the best possible thing you can do right now is take your grievance procedure to the nearest trash can. It's time for a resolution revolution.

At HRTrain, we understand the importance of teamwork and your employees ability to resolve conflicts and communicate effectively. That is why we offer a training course on Conflict Resolution.  This course includes the DISC Personality Profile Tool to help employees understand their personality style and how to interact with different personality styles. 

To learn more about the online workplace training solutions HRTrain can offer your organization, please visit http://www.hrtrain.com/ or contact us at 888-478-7246 x1 or elearn@hrtrain.com.