Guest Blogger Kit Goldman is a nationally acclaimed trainer and workplace expert. She has helped clients ranging from “Mom and Pop” businesses to industry giants like State Farm, Johnson & Johnson, Turner Broadcast and MGM, to prevent costly lawsuits through powerful, “edutainment”-style training.
Here are the top 5 reasons we’ve heard from small business owners who initially resist Harassment Prevention training for their employees:
- Training just stirs things up
- It’s a can of worms
- Why open Pandora’s Box?
- It’s not in my budget
- Let sleeping dogs lie
To which we point out that every employer has a mandatory, no exceptions legal duty to protect employees from unlawful harassment! Educated employees know what the boundaries are and can avoid and prevent harassment.
Supervisors and managers have a mandatory, no exceptions legal duty to take immediate and appropriate action if they knew or should have known harassment may be occurring! Educated supervisors and managers know what to look for and what to do if it happens and showing you took steps to prevent harassment can greatly reduce legal exposure should it occur.
With that in mind, let’s peek in on Roger, a supervisor at a fictional company:
He’s a likable, respected old school guy with a sense of humor. He’s meeting with Margo, an employee, about a promotion. When she arrives, he’s on the phone joking about a gay employee who came in on casual Friday looking like “I Dream of Jeannie.” Margo’s embarrassed by the conversation — and the picture on Roger’s desk of his wife at the beach. She’s easily offended which is a concern Roger has regarding the promotion. He tells Margo she’s qualified, but she’s uptight and makes people paranoid. She needs to loosen up, be part of the team. He teases her about her “Catholic School upbringing” in his warm, good natured, style. He doesn’t mean anything by it. It’s just how he is. Margo tries to tolerate it.
Think Roger’s behavior is over the top? Think people don’t act that way anymore in our “PC” workplaces? Please! Hand over the rose colored glasses and get me a latte with an extra shot! These high-risk scenarios occur. It’s often unintentional, unrecognized, and unreported — until a lawyer or the EEOC comes calling.
Here are three key legal concepts in that scene which your supervisors and managers need to understand:
- Harassment is Unwelcome Conduct: But welcome to whom? Roger was in a private conversation when Margo walked in. It was welcome to the people having it, but we also must be concerned with what’s welcome to others in the work environment
Intent vs. Impact: Harassment is about impact not intent. It’s defined 100% by the impact on the other person. Roger may be good hearted and doesn’t mean anything by it, but unless he’s enlightened, he’s a runaway train rumbling toward a cliff with the company’s good name and resources aboard.- Consenting vs. Welcome: If someone consents to something, it’s probably welcome, right? Say you’re in the parking lot, someone puts a gun to your head and demands your wallet. Will you consent and give it up? Yes. Did you welcome being robbed? No. The law recognizes that in the workplace people consent to things they don’t welcome for a variety of reasons. Consent does not necessarily equal welcomeness.
Oh… and speaking of your wallet, when compared with the costs of investigations, lawsuits, settlements and audits, Harassment Prevention Training is incredibly cost effective! When it comes to protecting your business, the old saying “an ounce of prevention is worth a pound of cure” couldn’t be more true.
