Fostering A Fair Workplace Environment: Employee Training Is A Necessity

Article by Colleen C. Karpinsky and Charla Bizios Stevens

"I don't tolerate gender discrimination in my company. I treat every employee equally and would promote a qualified woman just as soon as I would promote a qualified man."

30-SECOND SUMMARY: Every employee should be trained on appropriate workplace behavior. This training should be repeated periodically and should be administered in an interactive, group setting. Web-based training has many limitations and should not be a substitute for in-person communication. As part of the training, make sure employees know what behavior is expected of them, and that racial slurs, ethnic jokes and unwelcome touching will not be tolerated. Ensure that all employees are informed of where and how to complain about inappropriate workplace behavior, and remind them that everyone has an obligation to report illegal or inappropriate behavior.

"No one has ever complained to me about harassment or bullying in this company. We don't need training; everyone is happy here.

"Why would I do harassment training in my company? Won't that just teach my employees how to sue me?"

I asked them, and they said everything is fine." "It's going to cost HOW MUCH to train my supervisors and leads? And they are going to be off the manufacturing floor for HOW LONG? I can't afford that!"

Four different business executives in varying industries and company sizes made these statements. Each of these businesses found themselves in legal trouble due to the actions of middle managers and supervisors who never received comprehensive workplace training. Would training have made a difference? The answer is probably yes in each of these cases, and it is likely that frontline managers take actions every day that expose employers to potential liability. For a number of reasons, training is an excellent way to reduce risk.

When litigation ensues, a business needs to be able, at a minimum, to show that it has adopted policies against discrimination and retaliation, and that it has in place a clear and effective process for reporting and investigating complaints. Most companies have at least these measures in place. They hang the mandatory posters in conspicuous places and have sexual harassment, discrimination and retaliation policies in their employee handbooks, along with a protocol for reporting allegations. Is that enough? Hundreds of state, federal and United States Supreme Court cases and decades of EEOC guidance say it is not.

A review of recent statistics from the EEOC demonstrates increases in enforcement efforts by federal regulators and in the number of filed discrimination charges. In fiscal year 2012, which ended on Sept. 30, 2012, almost 100,000 private sector claims were filed. Areas that saw increases included retaliation, disability, sex and equal pay. Retaliation claims under all statutes (37,836) again topped the list of claims followed by race (33,512), sex (30,356) and disability (26,379).

In order to manage risk and to reduce liability, it is critical to make sure that all workers, supervisors, managers and senior management, in particular, receive training designed to educate them on their rights and responsibilities as employees. Perhaps more important, training helps to create and maintain a workplace where employees are treated fairly. This no doubt leads to improved morale, better production, less distraction, and the ability to recruit and retain the best talent. What more could leadership of the 21st century workplace ask?

The alternative leads to distracted and unhappy employees and managers at all levels. Rather than focusing on hiring new talent and providing services to current employees, human resources (HR) will be conducting workplace investigations into allegations of harassment, and executives will be answering questions at depositions. These types of activities have a big impact, draining HR's budget and resources and negatively affecting employee morale. In a market where culture has proved to be a...