Is it sexual harassment to teach about sexual harassment?

Awhile back I read about a woman who refused to attend the mandatory diversity training sessions at her company because the content violated her religious beliefs (she did not believe all people were equal -- specifically gay people.) The case went to court, and last I heard was being appealed.

But seeing a note to myself about that training issue made me think. What if the very nature of sexual harassment training, with all its talk of unwanted advances and inappropriate touching was deemed a form of sexual harassment by some employees? It could be seen by some, I suppose, as creating a "sexually charged atmosphere" while others might view the training content and.or images as offensive.

I'm wondering if any of our readers have encountered a situation like this. Has anyone at your company, or anyone you've known of, ever sought an exemption from sexual harassment training because of the content? And if so, how was it handled?

The blurry facts about sexual harassment training

I guess it all depends where you look.

One study says sexual harassment in the workplace is down. Another one says it's up.

And then there are the stats on who exactly is being harassed. Used to be assumed that it was all women. Then gay, lesbian and transgendered employees moved up on the list. Now straight men are filing an increasing number of sexual harassment complaints, usually aimed at their female bosses.

As if all of this wasn't confusing enough, there are questions about what to do to stop, or at least reduce sexual harassment at work. Heck, most of us can't even agree on what is really is. Some things are easy to define as sexual harassment, like when sexual favors are a condition of promotion or even hiring (think the proverbial "director's couch.")

But other things are trickier. When does a compliment become sexual harassment? Or a hug or a pat on the back? Is it only the big things that count, or is everything potentially open to interpretation as harassment?

Amid this maelstrom of uncertainty, there are a few things employers can do to reduce the likelihood of sexual harassment at work. And as you probably expect on this blog, I'm going to list training first. So here goes...

1) TRAINING!

Yup, this is yet another case of what we don't know CAN hurt us. If your employees and your managers can't even come up with a clear definition of sexual harassment, how are they supposed to:

A) Recognize it
B) Prevent it
C) Deal with it when it happens

Now for the good news. Sexual harassment training does NOT have to be boring. In fact, it probably won't do a heck of a lot of good if it is boring. People who are falling asleep, daydreaming or doodling probably are not learning very much.

Look for a sexual harassment training program that gets people involved in the process. Something with role playing, humor or an interactive component will be much more effective than a lecture (remember that earlier post about why lectures are a bad way to teach? Well, here's your chance to apply that knowledge!)

2) Create a culture that doesn't enable sexual harassment

It can be as simple as open door policies for small meetings. You can also make sure spouses and partners are invited to social events on a regular basis. Let your employees, from senior management on down, know that any instance of sexual harassment will be investigated and dealt with promptly. No exceptions.

3) Remain observant

It's estimated that up to 70% of sexual harassment events are never reported, so it's up to you to be aware of the mood and tone of employee interactions. If meetings often include off-color jokes or references, it's time to pull in the reins and get that behavior under control.

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.

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.

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?