Staying up to date on legal issues critical for trainers

Outdated training could cost your company more than most trainers realize. A word of caution about getting too far ahead or reusing old training materials


Jackson (not his real name, but hey, we have to keep the attorneys happy!) is the training director for a large corporation. Let's call it XYZ, Inc. (Again, not the real name, but those attorneys are still watching, so....)

A bit a perfectionist, he prides himself on having all corporate training planned a year in advance. There are sessions on time management, on job skills, and even on touchy subjects like sexual harassment.

As of January 1st, the materials are ready and the entire year's training for all divisions is planned completely. He's even managed to reuse some old materials left over from a few years ago.

Pretty good, right? Not really.

Odds are Jackson's well-in-advance and recycled training will miss the mark on critical labor law issues. Employees at XYZ may not get the right information on some important legal issues. And that could cost XYZ money. Maybe even big money.

The thing that Jackson, and so many other trainers miss, is the fact that employment law is a moving target. And as a trainer, it's your job to stay on top of new developments and shifting regulations.

A few examples might help illustrate just how critical this is....

- Jackson's training plan included directing employees in the XYZ-owned medical labs in proper recordkeeping. But the class content was written before the new HIPAA Breach Notification rules went into effect in September of 2009. So the information Jackson gathered back in December of 2008, and the old materials he is recycling, are not only incomplete, they may be wrong.

The probable result? Records improperly maintained, with breaches unreported -- and that could lead to fines or lawsuits against XYZ.

- Jackson was very happy with his training plan for interviewing and hiring. He included age, disability and ethnic discrimination. Religious discrimination. Even pay discrimination between male and female applicants. He was certain all the bases were covered.

But during the year, the definition of an ADA disability changed. And legal decisions in a number of courts expanded protection to cover sexual identity, sexual reassignment and gender-based lifestyle issues. But Jackson's training doesn't cover any of that. And that omission could be costly for XYZ.

There are other issues Jackson may have missed during the year -- Changes in the FMLA regarding military families. Shifts in EEOC rules to cover genetic information. State-level changes in employment law. Court decisions that refine or even completely altered existing labor law practices.

If you, like Jackson, like to map out your training year, make sure you stay up to date on changes in labor law, both from legislative and judicial sources. Leave room in your curriculum for "as needed" special training sessions to bring managers and others "into the loop" on new rules and regulations.

And before you re-use older training materials, have your staff attorney or an outside employment law attorney look over the content. That little step could go along way towards keeping your company and all employees in step with today's employment law issues.

Training Trends: Sexual harassment, diversity and inner-geekiness

Sexual harassment and diversity are tow hot-button training issues in today’s workplace and two of the hottest topics to be featured in the latest issue of our Training Trends newsletter.

In this issue you’ll find out how to diversify your diversity training, how to engage employees in sexual harassment training, and find the right software training to nurture your inner-geek.

Here’s a quick look at the July issue of Training Trends:

Diversify Your Diversity Training

Improving productivity through sensitivity and understanding

In a world of 6.7 billion differences and counting, it’s often times difficult to understand and conceive why people are the way they are. From a philosophical standpoint, problems, arguments and even wars can occur from simply misunderstanding one another. What’s the obvious answer? Love and peace… and diversity training.

Like the term “harassment,” it’s important to know exactly what diversity is as well. (more)


Software Training for Your Inner-Geek

The importance of software training in the workplace

Let’s face it; we’ve been overtaken by computers… and it’s never been so cool to be a geek. Immerse yourself in the nerdifying glory that is software training. Dig out your favorite Star Trek episode, duct tape those horn-rimmed glasses and grab a pen out of your pocket protector. Let’s take some notes on why now is the time to be well-trained in the use of computer software… Engage!

It’s never been a better time for businesses, big and small, to train employees with the proper skills in tackling software-loaded devices. New programs and computer systems are meant to make your workload easier, allowing you to accomplish more in one sitting. Not only will training improve efficiency throughout your business, it will give it the potential to grow and compete. (more)


Side-Stepping Sexual Harassment Risks

Find ways to engage your employees in sexual harassment training

Sexual harassment. Employers cringe at the mention of these very words. Upset employees, court battles, and heavy fines are just a few of the nightmares that can stem from an inappropriate interaction at the office. One offensive comment or gesture can bring a world of legal and financial trouble from the EEOC or an aggressive plaintiff’s lawyer…

OK, enough pondering the horrors of harassment. What’s the best way to prevent sexual harassment in the workplace? With the proper training, of course!

First of all, it’s important to know exactly what sexual harassment is. And the reality is, it can be many things, (more)

Each month, the experts at TrainingTime.com share all of the latest and greatest tips, trends and buzz from across the training industry in our Training Trends newsletter. If you’re not on our mailing list, please take a few seconds and sign up.

If you’re a training expert or HR professional and are interested in writing content for Training Trends or TrainingTime.com’s learning library, visit our “Write for Us” page for instructions on how to contribute.

A “super-sized” lesson in diversity training

McDonald’s settled a gay discrimination case yesterday and agreed to require diversity training for managers at 30 Louisville restaurants. McDonald’s must also pay $2,000 each to two men who said a restaurant employee directed anti-gay slurs at them.

The American Civil Liberties Union of Kentucky filed a complaint with the Louisville Human Relations Commission on behalf of the two men last year. According to the Courrier-Journal, the two men alleged that after ordering food, a female employee directed several anti-gay slurs toward them and used other derogatory language. They complained to a manager, who said she didn’t see the matter as a “big deal.”

McDonald’s said in a company statement that the matter has been resolved and that the company has strict policies against any discrimination in its restaurants.

"We work with our restaurant managers and crew to ensure our policies are followed and that we provide a respectful environment for all our employees and customers," the statement said.

The case serves as a “super-sized” lesson that when you have your attorney draft an anti-discrimination policy ensure it states that your company is committed to creating equal opportunity for all employees and customers. State that your company will not tolerate any form of discrimination including age, race, color, religion, sex, national origin, disability and sexual orientation.

Your anti-discrimination policy should also include an outlined procedure for making, investigating and resolving complaints. Train managers to follow the policy, know how to identify discrimination and how to respond to a compliant against one of their employees.

Ongoing training on diversity in the workplace and setting clear anti-discrimination policies can be your best way to avoid problems.

What else can employers do to avoid discrimination? What has worked or hasn’t worked in your company?

Leave a comment and share your advice.

Tips for the holidays, HR-style

Tomorrow is Christmas and all of us at TrainingTime would like to wish all of you a very merry holiday and a happy New Year. Here’s a short list of the best holiday-related posts from a few of our favorite blogs:

Have a mixture of religions in your organization and don’t wan to offend anyone? Take Kris Dunn’s advice and wish them a Happy Festivus. Check out today’s post at The HR Capitalist, complete with a classic Seinfeld video.

‘Tis the Season … to start thinking about next year. Today, Tim Tolan at Fistful of Talent is offering a friendly reminder to get started on your plans and goals for 2009 before the ball drops on New Year’s.

Yesterday, Laurie Ruettimann gave some valuable Punk Rock HR advice on company holiday parties and corporate giving. Just remember, whether you’re having a swanky holiday party or an ugly Christmas sweater event, don’t call her to plan it.

From rigorous training to dealing with thousands of dissatisfied customers, Santa has his work cut out for him. From all of the clips Julie Ferguson at HR Web Café shared with us on Monday, you can see what a tough job the big guy has every Christmas season.

Training Trends: PTO, the Grinch at work and religious diversity

The December issue of Training Trends was released today, with information every workplace can use during the holidays. This month’s topics include how to handle confusing PTO policies, “Grinch” behavior around the office and managing religious diversity.

Each month, TrainingTime.com shares all of the latest and greatest tips, trends and buzz from the across the training industry. If you’re not on our mailing list, please take a minute to sign up for Training Trends to have the latest training news delivered to your inbox each month.

Here’s a quick look at the December edition:

Top 10 Things Not to Do with Your PTO

Switching to a Paid Time Off (PTO) system gives employees more freedom to schedule their time, but there are some drawbacks. From “last-minute use” policies and harsh requirements, putting a new PTO system in place can be confusing. Here’s a more lighthearted look at the top 10 things you shouldn’t do with your PTO ... (full article)


Don’t be a Grinch at Work This Holiday Season

Employees who have fun at work have proven to be more loyal, productive and more willing to go the extra mile when crunch time comes. The holidays offer a great opportunity to bring more happiness and fun into the workplace. Here are some simple and affordable ideas to fill the need for fun at work this holiday season ... (full article)


Making Religious Diversity Work at Work

The month of December shines a spotlight on the religious differences among employees each year. What’s the best way to handle religious diversity at work? Embrace it. Embracing religious differences within the office is good for business and good for employees. Here’s why ... (full article)

It only takes a minute to sign up for Training Trends and you will be all set to receive the best training information each month. If you’re a HR or training expert and are interested in writing content for Training Trends or TrainingTime.com’s learning library, visit our “Write for Us” page for information on how to contribute.

Race discrimination: Time to update your training?

When is the right time to retrain employees or update policies regarding discrimination in the workplace?

Well, hopefully before something like this happens ...

NIAGARA FALLS — It didn’t take long for the city worker accused of putting a “whites only” sign on a public works drinking fountain to realize it was a really bad idea.

“There’s going to be trouble,” a co-worker predicted shortly after James Curtis put up the sign Aug. 13 in the public works yard, according to court papers filed in the case.

Curtis, 52, of 80th Street, a 26- year employee in the Public Works Department, told police before his arrest last Friday that he took down the sign after he realized he might get in trouble.

By that time, an African-American co-worker had photographed it with his cell phone.

Curtis said he confessed last week to posting the sign because his conscience got the better of him, although not before he lied about his involvement when first confronted by Detective Frank Coney.

Curtis is now facing a “Class E felony” after the charge of second-degree aggravated harassment was bumped up to a racially-motivated hate crime. Read more from The Buffalo News.

Of course Curtis intended the sign to be a joke and not offensive. Joke or not, how could a 26- year employee think that a stunt like this could be laughed off as a silly joke? How does this kind of discrimination still exist in workplace settings across the country?

In response to a pending 2003 discrimination suit, the city said it has “stepped up” diversity training, but several city officials want the administration to do more.

Niagara Falls mayor (aka. Curtis’ boss) said his administration has a zero-tolerance policy for discrimination in the workplace and has started disciplinary proceedings against Curtis.

Other than making diversity training mandatory for all employees and having a zero-tolerance policy, what more can city officials do to wipe out this kind of inappropriate behavior in workplace areas? Is this just one example of one bad employee making a huge mistake or a bigger, more widespread problem?

For one reason or another, many employees hold some kind of resentment for diversity training, so what have we been doing wrong? Is it even possible to solve the issue of workplace discrimination with training and policies?