When cookie-cutter sexual harassment training just won’t cut it

The number of sexual harassment charges filed with the Equal Employment Opportunity Commission (EEOC) are up 11% from last year and stand at the highest rate since 2002, according to EEOC data.

But as the statistics show, many of the cases don’t resemble the situations portrayed in most of the “cookie-cutter” sexual harassment training videos out there. Sexual harassment charges filed by men amount to 16% of total charges reported to the EEOC, up almost 5% from the late 1990s.

A recent case involving retail giant Dillard’s reveals just how important same-sex harassment training can be.

According to the EEOC, Dillard’s violated Title VII of the Civil Rights Act by permitting a sexually hostile work environment to exist for male employees at one of the company’s Florida locations. The charges against Dillard’s included verbal and sexual harassment of a male store associate and young dockworker by a male supervisor.

The male workers accused their supervisor of exposing himself to them, making sexual propositions, and making sexually explicit and derogatory comments. Managers continually ignored complaints made by the workers about the harasser.

After the store manager told the associate involved in the case to “get back to work” because he was being “hypersensitive” and “overreacting” to the situation, the associate quit.

It wasn’t until another employee reported similar offenses made by the same supervisor that the store manager decided to take action. The store manager notified the district office and fired the supervisor.

The EEOC filed a sexual harassment lawsuit against Dillard’s in response to the two employees’ complaints. Dillard’s argued that it was not liable because the company had an anti-harassment policy and had fired the accused supervisor. The company also claimed that the supervisor’s actions did not create a hostile work environment.

The court rejected Dillard's argument and found that Dillard's anti-harassment policy could not absolve it of liability if the policy hadn’t been effectively implemented. The store manager’s failure to report Reed’s two claims was a violation of the company’s own reporting procedures.

The court noted that the store manager held one of three positions detailed in the anti-harassment policy’s reporting procedure. When he twice failed to escalate the complaints to the district office, he violated Dillard’s policy. (Business Management Daily)

Use this case as a reminder that even though harassment may not look exactly like what you saw in the training video, it’s still harassment. Male-on-female, male-on-male, female-on-female or female-on-male, sexual harassment is sexual harassment and should be treated as such.

Training Trends: Training for a healthy bottom line

Got training?

See if it’s time for a training check-up in your business in the latest issue of our Training Trends newsletter. In it, you’ll also find expert answers to these key training questions:

What are the three kinds of training a company needs to keep its bottom line healthy?

Are your employees up to the challenge of doing business across language lines?

Providing your employees with the right training is important, but how do you know they’re using what they learn?

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

Got training?

It’s dairy month, and that means lots of photo ops for celebrities sporting milk mustaches. Ads will tout how healthy milk is, and why everyone who is anyone just can’t wait to down their next ice cold, creamy glassful. A few years ago, the slogan was “Milk. It does a body good.”™ Catchy.

We’d like to say the same thing about training. Okay, so it’s not creamy and probably shouldn’t be served ice cold, but otherwise it’s pretty much on target.

The right training is healthy for your company. A well-trained employee is less likely to make mistakes, generate errors, get hurt at work or waste materials. Teams with the right training perform more efficiently, require less supervision and are more likely to stay with your company. That means a healthier bottom line for your company. (more)


Going global with language training

It’s a fact. The world has gotten noticeably smaller in the past 50 years or so. Okay, maybe the geographers wouldn’t agree with that, but marketers, sales people and just about anyone who uses the Internet knows exactly what I mean.

We have gotten used to doing business with people in different countries, chatting with friends across the globe and seeing images of places thousands of miles away in real time.

The one skill that has not kept up with this nearly borderless worldview is language. Most Americans speak only one language fluently. That’s not the case in the rest of the world, where learning effective communication skills in two, three or even four languages is considered a basic part of childhood education. (more)


Down the road: Is your safety training staying on track?

You’ve done it all. Harassment training, forklift training, hazardous materials training and first aid training. Your employees are ready for anything. But before you pat yourself on the back and sit back to enjoy that wonderful sense of being up-to-date on everything, we have two questions for you.

First, where are your training records? If there was an accident at work and OSHA came knocking on your door, could you show them proof that your employees had received the right training at the right time? If you were served with a lawsuit for sexual harassment, could you show proof of your company’s efforts to train employees in what is and is not acceptable behavior at work?

And second, are you following through? Even if you have training records, are you following up to make sure the lessons learned in the training seminar or interactive CD-ROM are being applied at work? Are you posting signs and reminders to keep safety practices or acceptable behavior standards in front of employees every day? (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.

Should improving employee morale come with a black eye?

When you’re brainstorming ways to improve employee morale you usually think of friendly events including picnics, team building retreats and competitive games. An event where employees duke it out in a boxing ring would probably be the last idea on your list, but it’s exactly what one Southern California start-up has in mind.

Since the economic downturn began, Chris Lyman, CEO Fonality, noticed that the “energy was different” within the company and thought up an extreme idea to improve it. Fonality makes affordable business phone systems for companies with 5-500 employees and competes with the likes of Cisco, Avaya, and Nortel.

Instead of “hugging it out” they would “punch it out” in a new “Fight Club” inspired employee competition, according to socialTech.

Fonality employees are currently training for the “Fonality Fight Club,” a mixed-martial arts (MMA) employee tournament. They’re so serious about it that the company hired martial arts expert Chris Reilly, who trains fighters for the Ultimate Fighting Championship (UFC), to referee the competition.

According to CEO Chris Lyman and VP of Product and Marketing Corey Brundage, the idea for the fight club came when Lyman ran into Reilly in a restaurant, and learned about his fighting class. Lyman explains that because of the lackluster economy, the "energy was different" around the firm, and they felt instead of solving by "hugging it out" they'd "punch it out." (socialTech)

When asked if he’s worried about employees being injured, Lyman said employees will be wearing the proper safety equipment and any employee with fighting experience may not enter the tournament. There were 17 employees signed up for the event, at the time the socialTech article was published.

So how is a “fight club” supposed to improve employee morale? The tournament winner is awarded two free weeks of vacation. The loser must grow a mustache, equal in length to the round they lost in the fight (we assume the company is all male), and write an apology letter to the winner’s mother for losing.

Apart from this being one of the craziest ideas to improve employee morale, organizing an event like the “Fonality Fight Club” can cause serious human resources and legal issues.

What if an employee is seriously injured while fighting a coworker?

Would beating each other up create a hostile work environment?

Could the fight club losers and their mustaches become targets for workplace harassment?

Do you think the employee fight club is a fun idea for boosting employee morale or has the company set themselves up for a potential disaster?

Please share your thoughts and opinions in a comment below.

Surviving Halloween at work: Tips and treats

Below we’ve compiled some of great advice for celebrating Halloween at work from the best human resource and workplace blogs on the Web. As you’re coming down from your candy corn sugar high this afternoon, take a minute to check out a couple posts:

This message may be too late for some, but Laurie Ruettimann at Punk Rock HR is warning everyone to refrain from wearing costumes to work. Read the comments for some great examples of what not to wear on Halloween.

Looking for an appropriate workplace Halloween costume? Again, it might be too late for this year, but jot down a few ideas for workplace costumes from The Work Buzz and maybe you’ll be a contender in the office costume contest next year.

Did you show up to work today in a costume, or are you refusing to participate in the workplace Halloween festivities? Are you anti-costume or an overzealous executive trying to get everyone hyped up? Read The 5 Types of Halloween Employees at Inflexion Advisors, who do you identify with?

Cool ergonomic computer chair, or scary death trap? Take a look at the product demo and you decide. (Thanks HR Web Cafe for bringing this one to our attention!)

Visit the HR Bartender, who’s serving up some special Halloween wishes, complete with a special treat - a clip from The Rocky Horror Picture Show.

Halloween is one of those holidays where too many people choose to do too many dumb things at work. A recent article on HRE Online examines one of the dumbest ideas - dressing up in inappropriate costumes that are “sexually provocative or mocking race or religion.” Read The Perils of Halloween at Work and take some notes for next year.

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?

LUSH naked party: Going green at work gone too far?

Employees at LUSH Fresh Handmade Cosmetics stores went to work on Wednesday wearing nothing but their aprons to persuade customers to buy products free of packaging.

The company encouraged employees in 24 cities across the country to lead the “cheeky” protest, by showing up to work wearing only aprons reading “ASK ME WHY I’M NAKED.” The aprons (and lack of clothing underneath) are meant to prompt discussion with passers-by on the impact packaged goods have on the environment.

All planet-saving discussion aside, the company seems to have overlooked some serious workplace issues involved with their naked event ... starting with sexual harassment.

From New York Magazine:

“The publicity stunt, a spokesperson explained, was the company's idea, but employees chose whether to comply. While some clearly reveled in the attention, as the crowd grew larger, others seemed to be feeling regretful about their choice.

We asked store manager Jennifer Paulson, who kept herself firmly pressed against the store wall, why she had chosen to go naked. "Because we keep our products unpackaged so nothing goes to the landfill," she said like a good employee, then worried aloud: "Someone was videotaping so now I'm worried I'm going to be on YouTube!”

Among a list of other questions - What if an employee is not comfortable going to work naked? Or someone feels peer pressured to bare it all just because every other employee at the store is doing it? What if an employee feels like an outcast for wanting to wear a pair of pants to the naked party?

Has LUSH taken going green at work a little too far and managed to create a sexual harassment mess in the process?