Avoid Liability, Train All Employees On Sexual Harassment

What can employers do to minimize liability for workplace harassment claims?

Train all employees – not just managers and supervisors – regularly. Case law is clear on this subject. And the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing anti-discrimination laws, just issued new guidance emphasizing its expectation that employers train all employees regularly.  Failing to do so significantly weakens your defense against harassment claims.

Do you have to train non-managerial employees?

Yes, if you want to have an affirmative defense against harassment claims brought against a manager or supervisor.  The U.S. Court of Appeals for the Fifth Circuit joined other circuits in saying that proof of training all employees is essential to your defense.