Winter 2018 What Happened, continued


going through the motions (“We have a policy!” “We provide training!”), without any effort to ensure that the entire workforce has a common understanding of what sexual harassment is, the shared obligation to recognize and report suspected harassment, and what will happen once a claim is made. The fact of the matter is that organization-changing sexual harassment training for managers -- particularly upper level man- agers – is crucial. From a practical perspective, upper management should actually be held to a higher stand- ard, because they are leaders who should model appropriate behavior to the rest of the workforce.


3. Training is boring. In many organizations, sexual harassment training has become a routine, nothing-new-here, waste-of-time yearly requirement. Employees often are required only to log into a video that they watch from their com- puter station, such that there is no way to ensure that the employees actually watch the video or understand the content. Even in-person training, where someone stands at the front of a room and preaches to the group about what they are allowed and not allowed to do, is often seen as a chore. This mundane training format conveys to employees that the company cares only about avoiding liability rather than protecting its employees from unwelcome and harmful harassment. But training does not have to be boring and mun- dane. With careful thought and preparation, training sessions can be impactful, focused, short, and informa- tive. The trainer should be positive, encouraging, and engaging. If your organization lacks that skill set, then consider retaining an outside attorney or professional trainer.


4. The Power Factor. Sexual harassment, of course, is less about sex and more about power. Those in power -- by rank, reputa- tion, revenue generation, or long service -- are the ones who are generally able to harass others with impunity. This is often because those with less status in the company, including HR and sometimes legal, are themselves affected by the power.


Lawyers and HR directors worry about job security, just like other employees. When even the HR directors are afraid to report sexual harassment by those in power or seek severe consequences for those high-level harassers, the organizational culture is infected by fear and even the best training will lose effectiveness. If the fear is allowed to fester and remain untreated, chances are the infection will eventually lead to a lawsuit or, in severe cases, the loss of the entire company brand. The Weinstein Company, for example, could soon be a name from the past. Resist the urge to think that it is cheaper to pay off complainants rather than risk the loss (and revenue) of a high-producer. Employers who ignore the problem must account for the every- day costs to the business caused by employee absenteeism and loss of productivity as well as the cost of settlements and litigation.


5. Retaliation with all eyes watching. Training also will not be effective if those who complain in accordance with the company policy experience retaliation. As shown by recent studies, this is a real problem, as many of those who complain of sexual har- assment have reported retaliation. This retaliation can take many forms, from demotion or termination to being shut out of internal opportunities to do interesting, productive work. Complainants may be branded as trouble-makers who do not have the best interests of the company in mind. Other employees then see what happens to those who complain. Employers must take care to ensure that complaining employees are treat- ed with respect and given the same opportunities as other employees. Allowing a complaining employee to be ostracized or otherwise treated differently undermines anti-harassment training by discouraging other employees from reporting sexual harassment, and also opens the door to a retaliation claim.


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