New law changes sexual harassment rules

By: GAIL BROWN - For the North County Times | Saturday, January 22, 2005 7:50 PM PST ∞

It's never too early to set up your company's training plans for the New Year!Ý Each year brings new laws to our state and this year is no exception.

Effective Jan. 1, California Government Code 12950.1 requires all employers with more than 50 employees to provide, at a minimum, two hours of interactive sexual harassment prevention training and education for all individuals who supervise other workers.

Sexual harassment has been an issue in the workplace for years. The impact of the Clarence Thomas-Anita Hill controversy in 1991, and subsequent media frenzy, brought new attention to the topic and increased national awareness.Ý

Times have changed since then. Victims today are more likely to sue and more lawyers are eager to take these cases than in the past. Also, claims today are being made by men as well as women in larger numbers. Harassers can be employers, supervisors, peers, vendors or consultants. Interestingly, the victim does not have to be the person being directly harassed but can be anyone affected by offensive conduct in the workplace environment.

There are two types of sexual harassment that have been identified. An example of the first type, "quid pro quo", is when sexual demands become a condition for employment or advancement.Ý The second type, "hostile environment," is any sexual conduct that interferes with an employee's job performance or that creates an intimidating or offensive work environment. The bottom line ---- it is behavior that is unwanted by the receiver.

Employers can be held responsible for both types of sexual harassment conduct.

Therefore, it is critical that they develop a strong, "zero tolerance" sexual harassment policy and offer a training program to their supervisory personnel to comply with the new law.Ý

Supervisors must be educated on the impact of Sexual Harassment issues which can negatively affect productivity, morale, absenteeism, turnover and severely impact the company's overall level of internal and external success. They need to understand how to recognize behaviors and situations that can lead to claims and how to prevent and correct harassment, discrimination and retaliation activities.

There is no guarantee that these actions will head off any sexual harassment claims but they are steps in the right direction to minimize future potential liability exposure. Ý

Oceanside resident Gail Brown trains employees and managers in a variety of industries as president and owner of Exceeding Expectations. Contact her at (760) 433-9642 or email ExEx13@aol.com.

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