Sexual Harassment Training and Prevention Reducing Claims?

Clients who invest in sexual harassment prevention may be reaping a benefit, according to this article in the SF Chronicle. The number of EEOC filings claiming sexual harassment has decreased about 20% between 1997 and 2005. The average verdict in sexual harassment cases has increased tenfold. So, giving short-shrift to prevention is more risky than in the past.

The article tries to link the decrease in EEOC filings with AB 1825, California's mandatory training law. But that law took effect just last year, so it can't be responsible for the decrease in charges between 1995-2005. AB 1825 may further reduce harassment claims in the future, but employers' voluntary prevention efforts deserve at least some of the credit for the decrease in claims.

Since Clarence Thomas' confirmation hearings, companies even of modest size increasingly have implemented comprehensive prevention programs. More than just a zero tolerance policy - these include routine training, open door policies, "grievance" or in-house resolution programs, anonymous tip lines, and skilled investigators.

Harassment prevention really came of age as a result of the Faragher / Ellerth line of Supreme Court cases, where the U.S. Supremes provided employers with a defense to harassment claims when they take preventive measures. California employers also took notice after Weeks v. Baker & McKenzie, where a jury socked the big firm for millions in punitive damages on actual damages of $50,000 as I recall. Finally, the U.S. Supremes' decision in Kolstad v. ADA (why yes I did write an amicus curiae brief, thank you for remembering), provides a defense to punitive damages claims in federal discrimination cases, when an employer demonstrates its good faith efforts to comply with anti-discrimination laws. "good faith efforts" include training and other prevention efforts.

*** Warning: Only slightly tongue-in-cheek marketing ploy follows****

So, you ask, where does one find a great trainer - one who will motivate people to pay attention and take the training seriously, while covering all the legal bases? Hmm. (Yes, you're supposed to click the link!).

DGV