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What Do You Mean, We Don't Have to Train?

Most of us believe, and justifiably so, that we “have” to train our employees regarding harassment, discrimination and retaliation. Title VII must contain language requiring some sort of training on these issues, right?

Not exactly. If you read the text of Title VII and the accompanying regulations you will not find any language requiring employee training on these issues.

This does not mean that we are all mistaken or that such training will not serve as a meaningful defense to a claim under Title VII. As the EEOC noted in its recently issued Enforcement Guidance on Harassment in the Workplace discussing application of the Faragher-Ellerth defense: (i. employer exercised reasonable care to prevent/correct harassment, and ii employee unreasonably failed to take advantage of preventative/corrective measures provided by employer.) “federal EEO law does not specify particular steps an employer must take to establish that it exercised reasonable care to prevent and correct harassment.” But these steps “usually consist of promulgating a policy against harassment, establishing a process for addressing harassment complaints, providing training to ensure employees understand their rights and responsibilities, and monitoring the workplace to ensure adherence to the employer’s policy.”

The EEOC Guidance even provides details on what such training should look like:

• it explains the employer’s anti-harassment policy and complaint process, including any alternative dispute resolution process, and confidentiality and anti-retaliation protections;

• it describes and provides examples of prohibited conduct under the policy;

• it provides information about employees’ rights if they experience, observe, become aware of, or report conduct that they believe may be prohibited;

• it provides supervisors and managers with information about how to prevent, identify, stop, report, and correct harassment, such as actions that can be taken to minimize the risk of harassment, and with clear instructions for addressing and reporting harassment that they observe, that is reported to them, or that they otherwise become aware of;

• it is tailored to the workplace and workforce;

• it is provided on a regular basis to all employees; and

• it is provided in a clear, easy-to-understand style and format.”

By now we are all aware of the U.S. Supreme Court decision overturning Chevron and the fact that courts are going to show the regulations of agencies such as the EEOC far less deference. Despite this, courts are still very likely to require proof of adequate training of employees in order to uphold application of the Faragher-Ellerth defense in the context of a Title VII claim.

The EEOC has provided us with a roadmap for Itile VII training, we would be wise to use it. Don’t forget to document your training efforts. If you don’t document it, you didn’t do it.

What Do You Mean, We Don't Have to Train?

Most of us believe, and justifiably so, that we “have” to train our employees regarding harassment, discrimination and retaliation. Title VII must contain language requiring some sort of training on these issues, right?

Not exactly. If you read the text of Title VII and the accompanying regulations you will not find any language requiring employee training on these issues.

This does not mean that we are all mistaken or that such training will not serve as a meaningful defense to a claim under Title VII. As the EEOC noted in its recently issued Enforcement Guidance on Harassment in the Workplace discussing application of the Faragher-Ellerth defense: (i. employer exercised reasonable care to prevent/correct harassment, and ii employee unreasonably failed to take advantage of preventative/corrective measures provided by employer.) “federal EEO law does not specify particular steps an employer must take to establish that it exercised reasonable care to prevent and correct harassment.” But these steps “usually consist of promulgating a policy against harassment, establishing a process for addressing harassment complaints, providing training to ensure employees understand their rights and responsibilities, and monitoring the workplace to ensure adherence to the employer’s policy.”

The EEOC Guidance even provides details on what such training should look like:

• it explains the employer’s anti-harassment policy and complaint process, including any alternative dispute resolution process, and confidentiality and anti-retaliation protections;

• it describes and provides examples of prohibited conduct under the policy;

• it provides information about employees’ rights if they experience, observe, become aware of, or report conduct that they believe may be prohibited;

• it provides supervisors and managers with information about how to prevent, identify, stop, report, and correct harassment, such as actions that can be taken to minimize the risk of harassment, and with clear instructions for addressing and reporting harassment that they observe, that is reported to them, or that they otherwise become aware of;

• it is tailored to the workplace and workforce;

• it is provided on a regular basis to all employees; and

• it is provided in a clear, easy-to-understand style and format.”

By now we are all aware of the U.S. Supreme Court decision overturning Chevron and the fact that courts are going to show the regulations of agencies such as the EEOC far less deference. Despite this, courts are still very likely to require proof of adequate training of employees in order to uphold application of the Faragher-Ellerth defense in the context of a Title VII claim.

The EEOC has provided us with a roadmap for Itile VII training, we would be wise to use it. Don’t forget to document your training efforts. If you don’t document it, you didn’t do it.

What Do You Mean, We Don't Have to Train?

Most of us believe, and justifiably so, that we “have” to train our employees regarding harassment, discrimination and retaliation. Title VII must contain language requiring some sort of training on these issues, right?

Not exactly. If you read the text of Title VII and the accompanying regulations you will not find any language requiring employee training on these issues.

This does not mean that we are all mistaken or that such training will not serve as a meaningful defense to a claim under Title VII. As the EEOC noted in its recently issued Enforcement Guidance on Harassment in the Workplace discussing application of the Faragher-Ellerth defense: (i. employer exercised reasonable care to prevent/correct harassment, and ii employee unreasonably failed to take advantage of preventative/corrective measures provided by employer.) “federal EEO law does not specify particular steps an employer must take to establish that it exercised reasonable care to prevent and correct harassment.” But these steps “usually consist of promulgating a policy against harassment, establishing a process for addressing harassment complaints, providing training to ensure employees understand their rights and responsibilities, and monitoring the workplace to ensure adherence to the employer’s policy.”

The EEOC Guidance even provides details on what such training should look like:

• it explains the employer’s anti-harassment policy and complaint process, including any alternative dispute resolution process, and confidentiality and anti-retaliation protections;

• it describes and provides examples of prohibited conduct under the policy;

• it provides information about employees’ rights if they experience, observe, become aware of, or report conduct that they believe may be prohibited;

• it provides supervisors and managers with information about how to prevent, identify, stop, report, and correct harassment, such as actions that can be taken to minimize the risk of harassment, and with clear instructions for addressing and reporting harassment that they observe, that is reported to them, or that they otherwise become aware of;

• it is tailored to the workplace and workforce;

• it is provided on a regular basis to all employees; and

• it is provided in a clear, easy-to-understand style and format.”

By now we are all aware of the U.S. Supreme Court decision overturning Chevron and the fact that courts are going to show the regulations of agencies such as the EEOC far less deference. Despite this, courts are still very likely to require proof of adequate training of employees in order to uphold application of the Faragher-Ellerth defense in the context of a Title VII claim.

The EEOC has provided us with a roadmap for Itile VII training, we would be wise to use it. Don’t forget to document your training efforts. If you don’t document it, you didn’t do it.

What Do You Mean, We Don't Have to Train?

Most of us believe, and justifiably so, that we “have” to train our employees regarding harassment, discrimination and retaliation. Title VII must contain language requiring some sort of training on these issues, right?

Not exactly. If you read the text of Title VII and the accompanying regulations you will not find any language requiring employee training on these issues.

This does not mean that we are all mistaken or that such training will not serve as a meaningful defense to a claim under Title VII. As the EEOC noted in its recently issued Enforcement Guidance on Harassment in the Workplace discussing application of the Faragher-Ellerth defense: (i. employer exercised reasonable care to prevent/correct harassment, and ii employee unreasonably failed to take advantage of preventative/corrective measures provided by employer.) “federal EEO law does not specify particular steps an employer must take to establish that it exercised reasonable care to prevent and correct harassment.” But these steps “usually consist of promulgating a policy against harassment, establishing a process for addressing harassment complaints, providing training to ensure employees understand their rights and responsibilities, and monitoring the workplace to ensure adherence to the employer’s policy.”

The EEOC Guidance even provides details on what such training should look like:

• it explains the employer’s anti-harassment policy and complaint process, including any alternative dispute resolution process, and confidentiality and anti-retaliation protections;

• it describes and provides examples of prohibited conduct under the policy;

• it provides information about employees’ rights if they experience, observe, become aware of, or report conduct that they believe may be prohibited;

• it provides supervisors and managers with information about how to prevent, identify, stop, report, and correct harassment, such as actions that can be taken to minimize the risk of harassment, and with clear instructions for addressing and reporting harassment that they observe, that is reported to them, or that they otherwise become aware of;

• it is tailored to the workplace and workforce;

• it is provided on a regular basis to all employees; and

• it is provided in a clear, easy-to-understand style and format.”

By now we are all aware of the U.S. Supreme Court decision overturning Chevron and the fact that courts are going to show the regulations of agencies such as the EEOC far less deference. Despite this, courts are still very likely to require proof of adequate training of employees in order to uphold application of the Faragher-Ellerth defense in the context of a Title VII claim.

The EEOC has provided us with a roadmap for Itile VII training, we would be wise to use it. Don’t forget to document your training efforts. If you don’t document it, you didn’t do it.

What Do You Mean, We Don't Have to Train?

Most of us believe, and justifiably so, that we “have” to train our employees regarding harassment, discrimination and retaliation. Title VII must contain language requiring some sort of training on these issues, right?

Not exactly. If you read the text of Title VII and the accompanying regulations you will not find any language requiring employee training on these issues.

This does not mean that we are all mistaken or that such training will not serve as a meaningful defense to a claim under Title VII. As the EEOC noted in its recently issued Enforcement Guidance on Harassment in the Workplace discussing application of the Faragher-Ellerth defense: (i. employer exercised reasonable care to prevent/correct harassment, and ii employee unreasonably failed to take advantage of preventative/corrective measures provided by employer.) “federal EEO law does not specify particular steps an employer must take to establish that it exercised reasonable care to prevent and correct harassment.” But these steps “usually consist of promulgating a policy against harassment, establishing a process for addressing harassment complaints, providing training to ensure employees understand their rights and responsibilities, and monitoring the workplace to ensure adherence to the employer’s policy.”

The EEOC Guidance even provides details on what such training should look like:

• it explains the employer’s anti-harassment policy and complaint process, including any alternative dispute resolution process, and confidentiality and anti-retaliation protections;

• it describes and provides examples of prohibited conduct under the policy;

• it provides information about employees’ rights if they experience, observe, become aware of, or report conduct that they believe may be prohibited;

• it provides supervisors and managers with information about how to prevent, identify, stop, report, and correct harassment, such as actions that can be taken to minimize the risk of harassment, and with clear instructions for addressing and reporting harassment that they observe, that is reported to them, or that they otherwise become aware of;

• it is tailored to the workplace and workforce;

• it is provided on a regular basis to all employees; and

• it is provided in a clear, easy-to-understand style and format.”

By now we are all aware of the U.S. Supreme Court decision overturning Chevron and the fact that courts are going to show the regulations of agencies such as the EEOC far less deference. Despite this, courts are still very likely to require proof of adequate training of employees in order to uphold application of the Faragher-Ellerth defense in the context of a Title VII claim.

The EEOC has provided us with a roadmap for Itile VII training, we would be wise to use it. Don’t forget to document your training efforts. If you don’t document it, you didn’t do it.

What Do You Mean, We Don't Have to Train?

Most of us believe, and justifiably so, that we “have” to train our employees regarding harassment, discrimination and retaliation. Title VII must contain language requiring some sort of training on these issues, right?

Not exactly. If you read the text of Title VII and the accompanying regulations you will not find any language requiring employee training on these issues.

This does not mean that we are all mistaken or that such training will not serve as a meaningful defense to a claim under Title VII. As the EEOC noted in its recently issued Enforcement Guidance on Harassment in the Workplace discussing application of the Faragher-Ellerth defense: (i. employer exercised reasonable care to prevent/correct harassment, and ii employee unreasonably failed to take advantage of preventative/corrective measures provided by employer.) “federal EEO law does not specify particular steps an employer must take to establish that it exercised reasonable care to prevent and correct harassment.” But these steps “usually consist of promulgating a policy against harassment, establishing a process for addressing harassment complaints, providing training to ensure employees understand their rights and responsibilities, and monitoring the workplace to ensure adherence to the employer’s policy.”

The EEOC Guidance even provides details on what such training should look like:

• it explains the employer’s anti-harassment policy and complaint process, including any alternative dispute resolution process, and confidentiality and anti-retaliation protections;

• it describes and provides examples of prohibited conduct under the policy;

• it provides information about employees’ rights if they experience, observe, become aware of, or report conduct that they believe may be prohibited;

• it provides supervisors and managers with information about how to prevent, identify, stop, report, and correct harassment, such as actions that can be taken to minimize the risk of harassment, and with clear instructions for addressing and reporting harassment that they observe, that is reported to them, or that they otherwise become aware of;

• it is tailored to the workplace and workforce;

• it is provided on a regular basis to all employees; and

• it is provided in a clear, easy-to-understand style and format.”

By now we are all aware of the U.S. Supreme Court decision overturning Chevron and the fact that courts are going to show the regulations of agencies such as the EEOC far less deference. Despite this, courts are still very likely to require proof of adequate training of employees in order to uphold application of the Faragher-Ellerth defense in the context of a Title VII claim.

The EEOC has provided us with a roadmap for Itile VII training, we would be wise to use it. Don’t forget to document your training efforts. If you don’t document it, you didn’t do it.