For this today’s post on sexual harassment, I thought I would take a different approach as to how the requirements for training are undergoing a rapid change. It is not just massive corporations that are being required to change, but organizations as small as five employees have faced the training requirement in 2020 and certainly, as companies approach 50 employees, in many states, it is a virtual lock.
The Changing Landscape
It was my estimation, by 2020, that virtually every state in the nation will have some type of sexual harassment training in place. While California and New York sexual harassment training are expected due to populations and the vast number of businesses, states as small and lesser populated as Delaware, Connecticut, Maine and Kansas are imposing no-nonsense legislation requiring compliance.
I thought I would go over some of the elements within the California law, not because of the ramifications of “Hollywood” but because aware people, men and women alike, have simply had enough. The other reason I want to view California’s new laws is that is will become a template. However, to provide “contrast,” I will briefly mention Iowa a state far from the glitter and glamor of Hollywood.
Over time, there is every likelihood that tiny Rhode Island, or sparsely populated Wyoming, will adopt most – if not all of the expectations for sexual harassment training.
The National Conference of State Legislatures has a generalized list of legal expectations. If your company does not have an active commitment to sexual harassment training, it is wise to take a look – and get ahead of the curve.
The California Laws Regarding Training and Expectations
The California laws on sexual harassment are extensive. They kicked-in on January 1, 2019. It was long past due. To quote from the standard:
“Employers and their agents or supervisors can’t sexually harass or allow the sexual harassment of employees, applicants, unpaid interns, volunteers, independent contractors, or nonemployees. Employers must take reasonable steps to prevent sexual harassment, which includes training and educating supervisors on sexual harassment prevention.” The emboldened lettering is mine.
The standard is expanded to state:
“Employers must instruct supervisory employees on sexual harassment prevention. Specifically, employers must provide at least two hours of classroom or other effective interactive training and education to all new supervisory employees in California within six months after they assume a supervisory position and once every two years thereafter. By Jan. 1, 2020. Specifically, employers must provide at least two hours of classroom or other effective interactive training and education to all new supervisory employees in California…”
Skimming just the highlights, employers, supervisory personnel and ultimately all employees are expected to train throughout their organizations. There is no distinction, nor should there be, between an employee, an intern or even the individual delivering pizza to an office party. Sexual harassment training under this law is not, “a good idea, an after-thought, or a future endeavor,” it is law. Any organization, from a movie studio to a professional sports team to a sewer-line repair company, not training is subject to major fines should sexual harassment occur.
I might add that the laws regarding sexual harassment have been well defined in every state in the nation. Those naïve enough to believe it only applies to rape or touching is setting themselves up for a major surprise.
However, California is by no means alone. Obviously, the New York laws closely mirror California, but it is far more sweeping than that.
Not long ago, the Iowa Civil Rights Commission (hardly a bastion of entertainment or high tech), passed strict legislation on sexual harassment as a “form of prohibited discrimination under the fair employment practices law.”
Harassment in Iowa, New York, South Carolina or elsewhere is defined by far reaching standards. It is not limited to one gender and certainly includes gender reassignment situations. Needless to say, adding racial, religious or sexual orientation comments to any act of sexual harassment further compounds the fines and the obvious negative publicity.
Organizations cannot afford, nor should they try to escape, the need for sexual harassment training. Ultimately, the cost of sexual harassment training is a minute fraction of the cost a lawsuit can potentially bring.
