Study Concludes That Sexual Harassment Training Does Not Invite Lawsuits

At some point in your career, you’ve undoubtedly come across someone who thinks that sexual harassment training is a bad idea. Why? They believe that training will actually fuel employees to file lawsuits.  Better to keep workers in the dark about the harassment policy and their legal rights.  Ignorance, the theory goes, is bliss.

Fear of increased litigation is a powerful motivator. But failing to train is actually what creates more (not less) risk for an organization.

For those of you who’ve been stymied by this “fear of training” argument, you now have some very powerful ammunition.  A recent study (released today by American University’s Kogod School of Business) concludes that sexual harassment training does not invite lawsuits. While not a surprising result for most of us, it’s nice to confirm what gut and experience have taught us.

Study Concludes Good Sexual Harassment Training Should Increase Employee Awareness

No doubt, harassment training increases employee awareness. In fact, this is one of the key purposes of training. And yes, in some cases, an organization may see an increase in the number of internal employee complaints that are made – but this is a good thing. It means that your employees paid attention to the training and trust you enough to handle issues that are already brewing.  (Better to catch them now before they spiral out of control.)

What employees really want is to be treated with respect, and for their issues to be taken seriously. They don’t want to sue. If you handle the awareness and response components right, it’s the best way to reduce harassment-related litigation.

Harassment Training Is Critical Evidence If You Are Sued

If an employee does sue the organization after training, you’ll be in a much better legal position if you’ve actually conducted high quality training. Without it, your organization may have a difficult time mounting even a basic defense to the claim. Harassment and discrimination training has become such an expected business practice, it’s become very difficult for employers to explain why they don’t have it (especially with the lower cost and expansive reach of interactive online training).

Training Mandates Are Here To Stay – Case in Point: The Failure of AB 1501

Don’t make the mistake of failing to provide comprehensive harassment education, especially if you have employees in states that actually mandate sexual harassment training like California, Connecticut and Maine. (See ELT’s 50-State Harassment Training Survey)

And recognize in particular that California’s AB 1825 mandates are not just here to stay – they’re influencing the rest of the nation.

Even though California’s sexual harassment training regulations have been through the ringer a couple times now (yes, it has been painful), the core training standards are finalized, and pending final approval with the Office of Administrative Law. (See AB 1825 Sexual Harassment Training Regs Adopted Without Further Changes). 

Recent attempts to whittle down the AB 1825 regs (like eliminating the need for employers to ensure that employees spend at least 2 hours in an e-learning program) have failed miserably. (Check out AB 1501 and CA Assembly Labor and Employment Committee bill analysis and defeat). Support for the AB 1825 timing mandates goes all the way to the top in California, with Governor Schwarzenegger firmly supporting a 2-hour requirement. 

When it comes to sexual harassment training, the California standard is establishing the baseline for all employers. And the California law is designed to make employers do the right thing – to invest in prevention – with the genuine belief that training will actually reduce incidents, and lower litigation costs.  Today’s Kogod study just underscores the wisdom of that legislative design.