What Should Harassment Prevention Training Look Like When DEI Is Under Fire?
Success in organizations is most often driven by people – people who believe in the organization’s mission and objectives, and in each other. In this time of polarizing conflict over political and social issues across the country and globally, that means organizations need to work harder to build collaborative, respectful, and thereby, more productive, workplaces. Harassment prevention training can and should be central to this initiative.
Focus on Respect
Click-through computer-based trainings may check the compliance box but will not build trust and improve workplace culture. And given the great need for that, now is the time for organizations to invest in live, face-to-face training, with facilitated discussion of real-world issues, that are centered around the notion of “respect.” The goal is for participants to understand what behaviors are inappropriate and why they may be perceived as offensive, even if not intended as such. Managers and employees should understand how they can impact the overall workplace culture by being mindful of their own behavior and attuned to that of others. Employees and managers can consider their own perspectives while being exposed to the ideas of others, and an experienced facilitator can guide discussion so that all voice are heard. Using real-world examples helps participants connect concepts to practical situations. It also keeps the discussion objective - so issues feel relevant and familiar without making any individual employee feel targeted or defensive.
No Shaming or Segregating
Not all training programs approach anti-harassment training in this way. Some programs use shock and offense to attract employees’ attention – subjecting certain employees to sexual taunts, denouncing specific individuals as “white supremacists” or “racist”, or segregating and comparing employees by race or gender, which may prompt a shock effect that gets people talking. These real examples, and the lawsuits they produced, are the types of trainings referenced by the Trump administration, EEOC and US Attorney when they warned that harassment prevention training can be a form of “unlawful DEI.” In our capacity as employment lawyers and workplace trainers, we have seen the fallout from such trainings firsthand. We do not do that type of workplace training. We never have and never would.
Consider Legal Requirements
Several states - including New York, California, Illinois, and Connecticut - require nearly all employers to provide regular harassment prevention training. Many other states and localities have similar requirements for certain employers, depending on their size or industry. These states generally require that the training focus on the protected classes in that location, give examples of inappropriate behaviors, and avenues for employees to raise concerns. In most cases, the training must also explain employees’ rights and responsibilities, supervisors’ obligations to act, and the consequences for failing to address or prevent harassment.
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Even in a respect-focused training though, there is some conflict based on a recent Trump executive order. Notably, California and New York specifically require harassment prevention training to include the prohibition of harassment based on gender identity, gender expression, and sexual orientation. However, at the same time, a recent executive order disclaims recognition of gender diversity and prohibits the use of federal funds for training that promotes gender identity or what it calls “gender ideology.” Because of these contradictory mandates, organizations should carefully assess internally, and get legal advice as appropriate, as to how to manage the relative risks and ensure compliance. In this context as well, live, customized training can be especially valuable because it allows employers to align content with legal advice and focus on the ultimate objective: fostering respectful behaviors and collaboration to strengthen workplace culture and productivity.