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  • Sexual harassment is defined by the National Conference of State Legislatures (NCSL) as, “unwelcome sexual advances or requests for sexual favors and comments, jokes, acts, or other verbal or physical conduct that is of a sexual nature or directed at employees based on their sex.” Unfortunately, sexual harassment within the workplace is quite common.

    Studies show that 38 percent of women and 14 percent of men reported experiencing sexual harassment in their work environment. Knowing this, it’s vital to implement sexual harassment training within your business to ensure the safety of your employees.

    The Importance Of Sexual Harassment Prevention Training

    By providing harassment prevention training, you’ll raise awareness throughout your business about what harassment is and how employees can contribute to a harassment-free workplace culture. It’s vital to create a workplace culture where employees feel supported. By educating employees, they’ll be able to understand better what sexual harassment is and how to identify it should it happen within their workplace.

    Unfortunately, sexual harassment, sexual assault, and a hostile work environment is an everyday reality for individuals. It’s never desirable to experience this type of behavior, but work is the last place where you would have to endure it.

    States Mandate Training

    Eight states and cities within the United States require businesses to provide sexual harassment training, including California, Connecticut, Delaware, Illinois, Maine, New York, New York City, and Chicago. Click here to learn more about each state’s requirements. Let’s look at the state of California and the requirements employers must follow.

    Sexual Harassment Training In California

    In the state of California, any employer who has at least five employees must provide sexual harassment training. Additionally, every two years, all employees must complete the ongoing training. As a business owner, if you do not follow these requirements, you could face penalties for non-compliance, including:

    • Liability – the company can be held liable for harassment if prevention programs are not in place.
    • Employee complaints – employees can report companies for non-compliance.
    • Employee perceptions – employees may feel the company doesn’t care enough to provide training.

    How To Facilitate Training 

    Since sexual harassment prevention training is essential in ensuring the safety of your employees, determining the right resources to implement the training is important. A learning management system (LMS) is a fantastic resource that provides your business with educational courses, training programs, and learning and development programs. It provides your employees with easy, online access to learning portals to complete their ongoing training, including sexual harassment training.

    What Will You Do To Ensure The Safety Of Your Employees?

    Since every state has its own rules and regulations, it can be challenging for a business owner to keep track of everything. However, your employees’ safety should be at the top of your priority list. At GMS, we give businesses access to cutting-edge technology through our LMS, GMS Connect, and expert support so that your employees are set up to succeed. There are many lessons available for ensuring your employees’ safety in training programs, such as sexual harassment prevention. In addition, there are countless of other online programs your employees can take, including safety, general information about your business, and more. Get in touch with us today.

  • Chicago, Illinois is now requiring employers to update their employee harassment policies and training. These policies must be implemented by July 1st, 2022. All companies with at least one employee will be required to comply with the new amendments put in place by the Municipal Code and Human Rights Ordinance. Within these changes, sexual harassment posters, policies, record keeping, and mandatory workforce training must be implemented.

    What Employers Need To Know

    By July 1, employers must have each of these amended policies updated in their handbook. Within their policies, it must state that sexual harassment and or retaliation against a reported allegation are illegal within the state of Illinois. More required adjustments include:

    • Updated state definitions of harassment 
    • Annual employee training
    • Implement a reporting system with applicable forms 
    • Recordkeeping alleged claims 
    • Provide government services 

    Additionally, Chicago employers are required to display new posters in one or more common areas. New posters have been published by the Chicago Commission on Human Relations in a Spanish and English version.

    What is The Policy 

    Sexual harassment policies must be made available in employees’ primary language. Chicago legislators expanded the definition of sexual harassment, which states, “Sexual harassment means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature or (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.”

    Prevention Training

    The training must now include one hour of sexual harassment prevention for all employees. However, this is extended for supervisors and managers, which provides a second one-hour bystander training. These trainings are required to be completed by June 30, 2023, and again annually.

    The state provides pieces of training through CCHR modules which will be in effect by July 1. However, employers can make changes or develop their own related to their industry.

    Failure To Implement 

    Employers must establish a system to retain the proof of completed courses. In addition, they must also have records showing they remained compliant in adapting the policy changes to their business. Failure to maintain records may result in fines up to $1,000 per day. Fines for violations of sexual harassment within the workplace have increased to $5,000 – $10,000 per violation.

    How GMS Can Help

    As a business owner, implementing changing regulations can be overwhelming. When you partner with GMS, you can ensure your business will remain compliant. In the event of rapid regulatory changes, our HR experts will always keep you up to date and handle your business’s adjustments with ease. Contact GMS today to learn more!

  • Are you confident in your company’s policy on sexual harassment? What if I told you in 2016 nearly 13,000 sexual harassment charges were filed with the Equal Employment Opportunity Commission (EEOC), costing companies over $40 million in claims payout, not including monetary benefits obtained through litigation. That email circulating around the office with the most recent celebrity nudes could cost you millions once Bill prints a copy and tapes it to Martha’s computer!

    Image of sexual harassment in the workplace. Learn how a clear, enforced harassment policy can prevent sexual harassment.

    What is Sexual Harassment? 

    When most people think of harassment, they think of making inappropriate jokes or forwarding a “funny” email to a co-worker, but there are two distinct type of sexual harassment: Quid Pro Quo and Hostile Work Environment  . In short, quid pro quo sexual harassment involves a boss or other person in a position of power pressuring workers into sexual acts in exchange for workplace favors. A hostile work environment occurs when an employee or employees are subject to pervasive or severe acts or language that is deemed inappropriate. The company has a responsibility to all employees to ensure they are treated with respect and dignity. 

    Happy Hour Gone Wrong! 

    Employees can experience sexual harassment outside of the office in what may seem like harmless fun. For example, employees might feel pressured to drink because the boss ordered a third round. It is important to not make employees take part in activities that make them uncomfortable. Company events including happy hour, team building retreats, and holiday parties can increase the risk of employees being sexually harassed. 

    Play Offense, Not Defense! 

    The employer plays a key role in the prevention of harassment in the workplace. Proper training plays a huge role in the success of preventing sexual harassment. GMS can educate and train all your employees to successfully prevent sexual harassment in the workplace. We do this through custom training programs designed to meet the needs of your company and incorporate real-world scenarios your employees could encounter. During the training, your employees will learn laws and regulations they must follow, along with proper procedures in how to handle a situation in which they are being sexually harassed. 

    Can You Afford a Sexual Harassment Lawsuit? 

    If an employer has not taken all the reasonable steps to prevent and deal with harassment in the workplace, they may be liable for any harassment which does occur. The EEOC standard for employer liability of sexual harassment depends typically on whether the harasser is the victim’s supervisor. An employer is directly liable for a hostile work environment created by a supervisor. 

    Recently, Ford Motor Company allegedly allowed racial and sexual harassment at two of its plants, resulting in a $10 million settlement with the EEOC. The lack of training and lax enforcement of their sexual harassment policy was directly to blame for the recent cases.

    Conclusion

    The best way to combat harassment in the workforce is to have a clear policy in place for all employees, mandate training, and investigate all claims with proper repercussions. GMS can successfully educate your employees on sexual harassment and help prevent a lawsuit that could completely derail your whole operation. Contact us today to learn more about how we can help protect your business from sexual harassment penalties.