Global Fastener News

SEFA Consultant: Training Can Be Defense

John Wolz

Anti-harassment training “shows a sincere attempt to stop harassment in workplace,” Sharon Sellers of SLS Consulting LLC counseled the Southeastern Fastener Association members.

The EEOC reported 75,768 complaints in 2006 with resolutions costing employers $273 million.

Another advantage of training is that “people just treat each other a little better,” Sellers added.

Anti-sexual harassment training isn’t required, but the Supreme Court has stated that for an employer to have an affirmative defense, “it should show that it has communicated the policy to its employees.”

“Affirmative defense” for the acts of a supervisor require an employer to show that “reasonable care was exercised to prevent and promptly correct harassing behavior” and that the employee “unreasonably failed to take advantage of preventative or a corrective opportunities or to otherwise avoid harm.” An employer can use affirmative defense to avoid or limit liability in hostile work environment cases involving a supervisor, but cannot raise affirmative defense in tangible employment action or quid pro quo situations, Sellers explained. Employers need to “develop, distribute, post and enforce prevention policy statement and complaint procedures,” Sellers explained. Train staff on rights and responsibilities, take steps to ensure employees will not suffer adverse treatment or retaliation, protect confidentiality as much as possible and immediately conduct a thorough and objective investigation.

“Have your documentation together,” Sellers counseled.

Victims must use “reasonable means under the circumstances to avoid damages resulting from sexual harassment,” report the matter to management promptly to avoid “actionable harm.”

Voluntary lunch or dinner dates, appropriate compliments about an outfit or such ‘acts of courtesy’ as opening a door are not harassment, Sellers emphasized.

Employees do need to know who to report harassment to.

Perception can be important in a dating policy, Sellers finds. Dating may not be sexual harassment to paramour, but still may cause a quid pro-quo perception with other employees.” One of the reasons for a dating policy is what to do “if the relationship goes sour.”

Employers can deal with harassment situations on a case-by-case basis. “You don’t have to terminate” in every case, Sellers noted.
Sellers spoke at both the SEFA spring conference and at a SEFA session in conjunction with NIFS/East. Web: thesefa.com and sls-consulting.biz
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