With workplace harassment claims dominating the headlines, every business needs to take harassment prevention training seriously.
Human Resources managers are uniquely responsible to guide their organizations in preventing sexual harassment and to properly address concerns when employees complain about workplace conduct. This 2-day course will give you a firm understanding of the law surrounding this issue and help you know what best practices to put in place at your employer to communicate behavior expectations. You will also learn expert investigative techniques that will help you feel confident in resolving issues, both for your employee’s benefit and to reduce your employer’s potential liability. This is a 13-credit class to assist with your professional certification requirements.
Schedule
Wednesday, July 29th, 2020 9:00 AM – 5:00 PM Central Time
Thursday, July 30th, 2020 9:00 AM – 5:00 PM Central Time
Objectives:
Define Sexual Harassment and offensive behavior that can be considered harassment
Explain the statutory regulations and legal background of Sexual Harassment.
Define Quid Prop Quo versus Hostile work environment
Understanding employers’ responsibility with sexual harassment
Identify the effects that sexual harassment has on people.
Recognize that sexual harassment of any type is a form of discrimination and will not be tolerated.
Implement ways of handling claims of sexual harassment.
Explain your role as an HR professional dealing with sexual harassment claims
Discuss precedent case law FaragherCity of Boca Raton 1998
Review precedent case law Burlington Industries, Inc. v. Ellerth 1998
Review precedent case law Oncale v. Sundowner
Explain “vicarious responsibility”
Learn How To Prevent Costly Employee Litigation Claims
The liability of “you knew” or “you should have known”
Explain the steps when an employee files a claim of harassment with the Equal Opportunity Commission
Define the steps to handle sexual harassment complaints
Explain what is involved in a “Thorough” and “Prompt” investigation
Discuss EEOC’s guidelines to handle “inconclusive conclusions” in an investigation
Identify procedures to prevent sexual harassment from happening
A process on how employees file an EEOC sexual harassment claim
Companies “zero tolerance” with sexual harassment
Discuss what “constructive discharge means”
Identify the meaning of a “reasonable person”
Discuss what a prompt and thorough investigation means
Review the steps necessary to avoid a case of retaliation in addition to the sexual harassment claim
Day 1 – Understanding the Law and Prevention Steps
The Big Picture
The history of how sexual harassment became an important societal issue
The role of the EEOC in investigating complaints and what their complaint statistics indicate
Understanding the significance of vicarious liability for your employers
Answering personal liability questions – Are HR professionals personally liable for illegal harassment that occurs in the workplace? Individual managers?
Federal Law
Understanding the law behind sexual harassment and important judicial decisions
Learning about the various types of illegal sexual harassment as defined by the EEOC
Understanding what your obligations are regarding vendor/contractor behavior
How to identify illegal retaliation against complainants and why retaliation is a distinct aspect from sexual harassment allegations
Understanding the difference between sexual harassment and gender discrimination
Recognizing what is and isn’t sexual harassment
Case studies – Interactive Discussion
Review case studies revealing types of sexual harassment
Review retaliation situations
Identifying aspects of cases requiring investigation
Prevention Measures
Should your company have a “zero-tolerance” policy?
Drafting an anti-sexual harassment policy and complaint policy and what should be included
Providing avenues for employees to raise complaints
How to address employee romance to protect your employer
Guidance on after-hours socialization and what your managers should not do
Methods to communicate your company policy so that awareness is clear
Defining what training programs are necessary, how often they should be given, and related record keeping best practices
Day 2 – Investigative Techniques and Issues to Consider
Investigation Considerations
Understand the Standards of Proof and what is expected of the investigator
Recognizing timeliness obligations
The critical need to ensure confidentiality
What to Do When a Complaint Arises
Documenting the issue and how to “draw the box” so that you know what to investigate
Understanding the importance of developing a chronology of events and witnesses
Determining what issues require a formal investigation
Setting expectations with the reporter of the complaint
Addressing the complainant that doesn’t want their complaint investigated
Protecting the complainant from retaliation
How to address anonymous complaints
The Investigator Role
The responsibilities of an investigator
Determining who else should participate
Identifying decision-makers who will oversee your investigation
Ensuring “need to know” confidentiality
What to do when an employee wants their attorney or another person present
Planning and Scoping the Investigation
How to balance completeness vs company disruption due to the impact of an investigation
When to use administrative employment suspension
Gathering contextual and related information
Determining the order of witness interviews
Developing witness questions and proper order of questions
Setting the Table with Witnesses
Why you must avoid group interviews
The importance of developing trust
Defining for witnesses what is expected of them before the interview
Explaining your role and what you will do with the information gained from the witness
Determining what information to reveal to witnesses and in what order
How to use demeanor evidence in assessing witness credibility
Wildcards that witnesses sometimes play
How to close the witness interview
How to confront the accused
Resolving the Complaint
Reviewing the evidence and reaching conclusions, interpreting conflicting evidence
How to discuss findings with decision-makers
Steps to take with accused whether or not a violation occurred
How to write responses to the complainant and accused explaining outcomes
Importance of monitoring situation going forward
How to handle false allegations
Review of sample closure memorandums and disciplinary documents
Common Pitfalls of Poor Investigations
Avoiding common mistakes made
Understanding the danger of making legal conclusions