EEOC's Select Task Force Study of Harassment Provides Robust Training Guidance

05 July 2016 Labor & Employment Law Perspectives Blog
Author(s): Krista M. Cabrera

Last month the EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a long-awaited report. That report is a four-part, 88-page document — meaning digesting the report is a hefty task. Fortunately, the Task Force also issued an Executive Summary that provides an excellent overview and makes wading through the findings of the study far more manageable.

The report determined that workplace harassment remains a persistent problem (close to one third of the approximately 90,000 charges received by EEOC in fiscal year 2015 included an allegation of workplace harassment), and it provides many suggestions regarding preventing harassment. The report focuses heavily on the concept of training, which the authoring Task Force emphasizes must focus on prevention, as opposed to merely avoiding legal liability.

The report further recommends that harassment training must be tailored to the specific workforce and workplace, and not use a “one size fits all” approach. This is an important point. Many employers doing business in states such as California that mandate harassment training turn to online, generic training modules. In light of the report and its focus on tailoring training, employers may want to re-think using these kinds of “canned” training programs. The Task Force also explores new models of training such as “bystander intervention training,” a type of training used to combat sexual violence on school campuses.

Workplace “civility training,” training that focuses on promoting respect and civility in the workplace generally, as opposed to avoiding only illegal harassment, is a main focus of the report. This is not altogether surprising, given that California recently added an anti-bullying component to its training requirements, and thus civility and avoidance of bullying behavior appears to be a trend. Indeed, one of the report’s many recommendations is that the “EEOC and the National Labor Relations Board should confer, consult, and attempt to jointly clarify and harmonize the interplay of the National Labor Relations Act and federal EEO statutes with regard to the permissible content of workplace ‘civility codes.’”

While there is an abundance of information in the report, and we recommend that employers review at least the Executive Summary in detail, an immediate takeaway is the importance of targeted and comprehensive harassment and civility training and the potential value employers might build by re-examining, and potentially bolstering, their training practices. Good harassment prevention training programs are always a key component to defending against liability claims for harassment, but perhaps more importantly (and in line with the report’s suggestions), such trainings may go even further and eliminate situations that can lead to harassment claims in the first place.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services