The Evolution of Sexual Harassment Training

By Ben Warden
February 1, 2007

Social and legal changes over the past few years have made sexual harassment training evolve from cheesy, 10-minute videos to fully interactive, headline-ripping programs that require thorough completion. California, for instance, adopted Resolution 1825 in 2004, which states any company with at least 50 employees must complete two hours of sexual harassment training every other year.

Also, in the age of the Internet and text messages, the face of sexual harassment has changed dramatically. Keeping up with both aspects is beneficial to not only the environment and morale of a company but the bottom line, as well.

Amii Barnard Bahn, Fireman's Fund Insurance Co. senior director of ethics and policy governance, knows firsthand the benefits of implementing a sexual harassment program that fills the most current societal and legal needs.

Even before the resolution requiring it, the California-based company had sexual harassment training that filled basic needs, but it lacked certain key elements that Bahn considered essential once Resolution 1825 was adopted.

The company now uses training methods designed by ELT in not just sexual harassment but in broader ethics training, as well.

Shanti Atkins, ELT President and CEO, said ignorance of a training program can mean ignorance of the law, which could be detrimental to a company's image and pocketbook.

Because California mandated sexual harassment training to be completed by a certain date, it's crucial all companies know what the requirements and the consequences are if it is not meant.

In addition, Atkins said the state's inspection process of sexual harassment training programs has increased in vigor as much as its requirements.

"Training in this area is truly coming under an increased level of scrutiny by the courts, whereas five, 10 years ago, the question would be, 'Did you do training? Yes or no,'" Atkins said. "Now, you're being asked to verify legal content, to demonstrate interactivity, to prove employee completion and so forth. Judges and juries are realizing that training can range vastly in quality and effectiveness."

Atkins said ELT has a strong relationship with Littler Mendelson, a workplace employment law firm from which ELT spun off. When creating content, ELT pulls situations from Littler Mendelson's actual litigation history, a key factor in the success of its programs.

"To develop the most effective and up-to-date legal content, we talk to and interview legal practitioners who are true experts in the field," Atkins said. "We ask what trends they're seeing, what their bread-and-butter cases are. 'What are some of the most unusual and cutting-edge cases they've seen? What are the gray areas?'

"We then develop extensive documentation based on that research. We translate the content into learning objects and start developing a matrix of possible scenarios to choose from."

Outside of California, however, only Connecticut has a similar law that requires training. It's a federal guideline, however, to have a sexual harassment training program, but isn't illegal to not have one.

Atkins said it's a matter of time before all states adopt resolutions similar to California's.

Regardless of legal requirements, effective sexual harassment training helps create a positive, respectful and constructive work environment that can only help a company's financial well-being.

Training programs in this area have been around for a long time, but because of social and legal changes, they now have to be more effective and thorough.

Bahn said holding employees' attention is the first step in reaping all the trickle-down benefits of good training.

"When you are requiring adult learners to take a training course in a very busy workday, you must take full advantage of that time by holding their attention because you only get a few chances where people have to listen to you," Bahn said.

-- Ben Warden, bwarden@trainingprism.com

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