Article Review Essay Research Paper Article ReviewUse

Article Review Essay, Research Paper

Article Review

Use Anti-Harassment to Shelter Yourself from Suits

By Majorie A. Johnson

Summary of Article

In the magazine article Use Anti-Harassment to Shelter yourself from Suit (HR Magazine, 1999), Majorie A. Johnson discusses the importance of training supervisors and employees on dealing with and preventing sexual harassment and other forms of harassment in the workplace. The article begins with references to recent U.S Supreme Court rulings on liability for punitive damages under Title VII of the Civil Rights Act of 1964. These rulings affect lawsuits that are filed against companies for sexual harassment. In the past companies were automatically liable for sexual harassment by their supervisors when it resulted in tangible harm to the employee. Companies that can prove they have anti-harassment training programs in place for supervisors and employees may avoid liability for punitive damages. As a result, the Equal Employment Opportunity Commission (EEOC) announced that a company may not be held liable if they can show that it acted reasonably to prevent and correct the harassment and the employee acted unreasonably by failing to use internal processes to resolve the issue. The EEOC recently issued guidance that directs employers to have in place anti-harassment training.

The article provides information on the results of two surveys conducted by the Society for Human Resource Management (SHRM): SHRM Sexual Harassment Survey and 1999 Employment Practice Liability Survey. The results from the surveys validate the need for sexual harassment training. The first conducted by SHRM Sexual Harassment Survey which show that rank and file employees receive the least amount of sexual harassment training. The second conducted by 1999 Employment Practice Liability Survey found that more than half of the

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organizations that responded to the survey had one time or another been named as a defendant in a job related lawsuit. The author asserts that companies should not wait until employees file charges of harassment. Companies must become proactive by providing effective employee and supervisor training to confront the problem of harassment in the workplace before it occurs.

The magazine article highlights training objectives and key elements that should be included in anti-harassment training to pass the legal scrutiny by the EEOC and courts. The first element discussed places emphasis that supervisors and employees should receive the training. Some companies have been reluctant to include non-supervisory employees in training programs because they believed that once employees became aware about harassment, they would be more likely file complaints. Another reason some companies have hesitated to include non-supervisory employees and focus only on supervisors is to save money. The Supreme Court has made it clear that the rationale for not training everyone is not acceptable. The second element points out that the training should be mandatory for all employees and supervisors when hired with follow-up periodic retraining at least annually. In the third element, the author offers suggestions to training objectives that first should have a goal of creating a sense of accountability and share responsibilities for maintaining a harassment free work environment.

In addition to training objectives and key elements, the article offers training topics that should be included in the harassment training. The first important topic is communicating the company.s zero tolerance policy against any type of harassment. This will make certain that employees know there is a policy prohibiting harassment, that offenders will be disciplined, and complaint procedures. The second topic should include an explanation of sexual harassment, the

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legal definition, real-life examples, a discussion on types and behaviors that constitute sexual harassment. The topic also should include practical examples of other types of harassment that employees will be able to understand. The third topic points out that training should provide specific guidance on what is regarded as inappropriate behaviors in the workplace. A good approach for the training is placing emphasis on practicing respect in the workplace.

As a remaining topic, the article suggests instructing employees on their responsibilities to report harassment so the company can investigate and take appropriate action. The training should stress that the company is committed to providing a harassment free work place and retaliation will not be tolerated. The article continues with additional training topics that focus on supervisors and their legal responsibilities. Training should show supervisors how to respond to complaints and their responsibility to report any concerns or complaints to company representatives designated to handle Equal Employment Opportunity (EEO) concerns.

The article concludes with a discussion on documenting and monitoring training. It places emphasis on the importance of keeping record of employees that completed training, what was covered in the training and when the training was held. Equally important is having employees sign a document acknowledging completion of training. A final point suggested by the author is all human resource professionals shou