In this series of posts, we are breaking down the elements of New York State (NYS)’s Model Sexual Harassment Policy. For some of you, the mandatory training, policy, and postings might seem like more annoying bureaucracy. I invite you to look beyond the requirements your inner rebel is resisting.
Most employees agree that sexual harassment remains a problem in workplaces. This is in part because an estimated 75% of incidents are not reported. Employees say they don’t report because:
- The harasser is someone in a senior position.
- They fear retaliation.
- Most harassers aren’t disciplined anyway.
The Impact on Women and Families
Regardless of whether incidents are reported, sexual harassment has a ripple effect. Especially when the targets are women, the financial and emotional needs of families can be grossly impacted. In the United States, women are leading 40% of households. That number is more than 80% for Black women, who are highly vulnerable to sexual harassment. When women’s income and professional opportunities are limited, society suffers.
Do all employers need to provide training?
Yes. NYS requires sexual harassment prevention training annually for all employees, regardless of size. Employers must even train domestic employees like housekeepers, nannies, and other caregivers. Managers must also complete the training each year, and we recommend small business owners do the same. Training helps employees:
- Recognize inappropriate behavior
- Understand their rights
- Report incidents effectively
What do I need to do to protect my business?
There is still a debate on the effectiveness of mandatory training by itself. I suspect that there has not been a reduction in sexual harassment reports because awareness campaigns and retaliation protections have increased reporting. Regardless, there seems to be agreement that workplaces see the fewest number of complaints when they foster:
- Sexual harassment awareness
- Learning and open dialogue
- Mutual respect
- Bystander intervention
- Accountability for misconduct
We recommend the KARR Training Method:
- Deliver the Knowledge
- Help employees Apply that knowledge
- Reinforce the behavior you want to see
- Resolve conflicts promptly
Also ensure your policies and procedures consistently include:
- Clear procedures for reporting
- Fair and impartial investigations
- Due process for the complainant and accused
Consider alternative approaches to zero tolerance policies, as they may discourage reporting.
What happens if my employees don’t do the training?
You are ultimately responsible for your employees’ failures to complete the mandatory training each year. If employees fail to complete the training, fines are nominal, but they can add up quickly if you have multiple employees failing to comply. Additionally, non-compliance can lead to:
- Disclaimers of insurance coverage for sexual harassment claims
- Huge out-of-pocket legal fees for defending lawsuits
- Potential damages awarded to employees subjected to sexual harassment
- Harm to the business’ reputation
You can discipline employees for failing to complete the training. Thus, many of our clients suspend employees without pay until they produce their certificates of completion. Just remember to pay them for the 45 minutes needed to complete the training.