New additions to the sexual harassment training take effect January 2015
with some ambiguity.
WHAT YOU NEED TO KNOW
- Training applies employers with 50 or more employees & must occur within six months of assuming supervisory role
- New law expands the content to include training on prevention of “abusive conduct” (conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests)
- Does not specify the content of the training on prevention of abusive conduct, nor does it mandate that any specific amount of time within the 2-hour sexual harassment training
- Defines abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. However, “a single act shall not constitute abusive conduct, unless especially severe and egregious.”
ACTION WE RECOMMEND
- Employers (even if not required) include language in their employee handbooks making it a violation of company policy for employees to engage in workplace bullying/abusive conduct toward other employees.
- Employers should take workplace complaints of abusive