HR understands the liability companies face when managers don’t pay attention to legal training or skip it completely — but that doesn’t mean all managers get it. And it’s especially tough to change their minds when you don’t have direct authority over the person.

It’s not a lost cause, though. Here are some ways to boost the interest in training:

• Help them out with time – If time really is the main reason supervisors are reluctant to be trained, work with them to make it as convenient as possible. They may be able to complete the program in bite-sized sessions; or they might prefer to take care of it in one day. The only way to know is to ask.
  
• Relate it to their people – Many managers don’t buy into training because, as they say, they “already know how not to harass anyone.” So make sure they understand the other key topics you cover — like effectively communicating with their staff and dealing with problematic behavior of the people who report to them.
• Look to the top – When you notice a problem with a supervisor, talk to upper management. Those execs will likely have a better grasp of how legal training relates to the bottom line — and they can discipline managers who still have problems with attending.

How has your HR department increased buy-in from managers when it’s time for harassment training? Share your advice in the comments section below.

Most HR pros would agree that conducting harassment training is no walk in the park. Here are the most common problems companies face, and strategies that will reduce an organization’s legal liability:

1. Getting buy-in from management

Nearly all HR pros have heard the comments from supervisors when it’s time for mandatory training: “I’m too busy for this,” “I’ve heard all this before,” “How’s this going to help me do my job better?” It’s a problem most companies face.

The solution: Start at the top, says Stephen Anderson, CEO of Anderson-davis, Inc., and a trainer with more than 33 years of experience. Visible support from top management is necessary before training will positively impact the workplace.

Before the training begins, run through the program with top-level management so they understand the value (reduced legal risk, increased productivity, lower turnover, etc.).

Also:

• Be sure top management holds supervisors accountable if they don’t support or attend the training
• Have a senior executive introduce the program and make it clear the company takes the issue seriously, and
• Make the training mandatory for all employees, not just managers.

2. Keeping the audience engaged

The truth is, if your managers really have already heard everything you’re telling them, no one will pay attention and the training won’t have an impact.

The key, says Anderson, is to challenge the audience.

Look at subtle forms of harassment and ask managers how they’d handle situations they may not have thought about. For example:

• You witness harassment involving employees who don’t work for you
• An employee complains but asks to you to “keep it between you and me”
• You overhear two Latino employees tell derogatory jokes about Latinos
• Two employees try to guess a co-worker’s sexual orientation by asking personal questions.

One tactic that doesn’t work: threatening managers without offering help. Telling supervisors they can lose their jobs or be sued individually can get their attention, but it may do more harm than good.

It’s more important to teach managers how to intervene in harassment situations, and how to properly work with HR.

3. Measuring the impact

Gauging whether the training’s had a positive impact is often the toughest part of an anti-harassment program. But here are some key factors to measure:

• No increase in false complaints — that could be a sign of an ineffective program for employees.
• A decrease in hostile work environment situations, and
• An increase in communication from supervisors to HR.

Caution: Having no complaints at all doesn’t necessarily mean a workplace is free from harassment. An increase in legitimate complaints could be a positive sign that previously existing problems are now being handled properly.

It’s becoming more common for women to hear sexually inappropriate comments at work, according to a recent survey by the Novations Group.

Such comments were heard by 38% of the women polled, compared to 22% who reported the same in a similar survey last year.

Meanwhile, almost half (45%) of men have heard derogatory sexual talk. That’s the same as last year.

Some more bad news in the report:

• 35% of employees have heard a co-worker use a racial slur
• 27% have seen someone get taunted because of age
• 23% heard disparaging remarks about a co-worker’s sexual orientation, and
• 10% have seen someone ridiculed because of a disability.

As far as the law goes, one of a manager’s most important jobs is responding to complaints from employees. A recent case shows the financial hit companies can take when the boss fails to answer effectively.

A woman sued her employer for sexual harassment. She claimed the head of her department repeatedly made sexual comments, asked her on dates and referred to her by obscene nicknames.

She complained to her direct supervisors. Their response: “Go along with it.”

The woman then brought the issue to HR. The company investigated, and the alleged harasser got a warning.

The employee took the company to court, claiming her managers ignored her complaints, and that HR just gave the department head a slap on the wrist.

Managers failed to respond

Who won?

Answer: the employee. The court agreed that the supervisors’ response was unacceptable and that the warning from HR wasn’t enough to prevent future harassment.

Furthermore, while the company had a written harassment policy, there was no evidence all employees received it. Also, the company claimed to conduct harassment training, but again, had no documented evidence that any training took place.

The case went before a jury, who made the company pay $100,000 in punitive damages.

Harassment prevention

This case brings some helpful reminders for HR pros:

• Train managers on effectively responding to complaints
• Have all trainees sign an attendance sheet to prove they were there, and
• Get everyone to sign your policy, so you can prove they received it.

Cite: Bjornson v. Dave Smith Motors/Frontier Leasing and Sales

Read the facts of this real-life case and decide: Who won?

The facts:

A cashier was required to stand at her register for most of her shift. However, due to a medical condition, she had trouble standing for more than 15 minutes at a time. Some supervisors let her use a stool — but others asked her not to after co-workers complained that she was getting preferential treatment. Eventually, she brought in a doctor’s note saying she could work as long as she was allowed to sit. Still, the manager on duty told her to stand, saying he had to talk to his boss first. The employee left the store and never returned.

The employer said:

The employee sued the company, claiming it violated the Americans with Disabilities Act by failing to accommodate her disability. But according to the company, she quit her job voluntarily before it had a chance to accommodate her.

Who won the case?

Answer: The employee.

Why: The court ruled the woman was “constructively discharged.” When some of her supervisors wouldn’t let her use the stool — even after she brought in the doctor’s note — she had no choice but to quit.

Letting one employee sit on a stool wouldn’t have posed any hardship, even if some of her co-workers complained about unfair treatment. The company’s managers should’ve been trained on how to deal with disabilities in the workplace and recognize employees who need an accommodation.

Cite: Talley v. Family Dollar Stores of Ohio, Inc.

A recent survey by Lake Research Partners lists the most common complaints employees have. According to the poll:

• 33% don’t get enough recognition from their supervisors
• 25% say bosses don’t provide the guidance or opportunities needed to get promoted
• 21% have supervisors who take credit for their work, and
• 13% think their bosses are lazy.

That behavior can lead to all kinds of problems, ranging from lost productivity to expensive lawsuits (happy employees don’t sue).

What can managers do about it? Increased recognition would be a start. It doesn’t need to be expensive or complex — a verbal compliment or a thank-you for staying late or working hard to meet a tight deadline will mean a lot to an employee.

Training is one of HR’s keys to preventing workplace harassment and keeping companies out of court. But when these common mistakes are made, the training might be ineffective or even backfire.

Here’s what to avoid next time you have to give a training presentation:

1. Giving employees a grade — Testing employees’ knowledge of what you’ve covered sounds like a good idea, but imagine this scenario: An employee scores low on the test, then is later named in a harassment complaint. To a court, that might look like you knew the employee was a threat and didn’t take action. To avoid that, either avoid giving a written test or make sure you follow up with employees who “fail.”
   
2. Trying to entertain — Holding people’s attention while you’re talking about harassment is a good thing. Making light of the topic isn’t. Training sessions aren’t the place for jokes or “funny” stories about harassment. It’s way too easy to offend someone.
3. Talking in legalese — Complex legal terms appear way too often in training sessions. Many employees — i.e., most folks who aren’t in HR — don’t understand those terms and stop paying attention as soon as they hear them.
4. Sticking to the videos, pre-made presentations, etc. — Ready-made training materials can be valuable tools that help HR stay on track and hit all the key points. But they can also be an easy way to put your audience to sleep. Try adding in your own examples and horror stories — for example, supervisor mistakes that you’ve witnessed in your career or lawsuits filed against companies in your industry or region.
5. Only mentioning sexual harassment — Often, sexual harassment is the area in which most supervisors need a refresher course — but it’s certainly not the only one. A good training program will also mention harassment on the basis of race, age, disability, national origin, religion, and other categories that may be protected by state law.
6. Asking for too much — A big complaint many managers have about training: It takes too much time. And if they’re forced to give up that time, the training might not be completely effective. Work with managers to come up with a schedule people can agree on. For example, several short sessions might be easier for your supervisors to swallow than one big presentation. Or, they might prefer to do it all at once. Find out by asking around.
7. Forgetting about retaliation — When explaining policies to managers and employees, it’s important to emphasize your company’s stance against retaliation, too. That way, managers will know what to avoid, and employees will be more comfortable reporting alleged harassment.
8. Not connecting it to their jobs — A manager’s job is to lead and get the most out of his or her workers. One way to do that is to prevent inappropriate conduct and handle complaints effectively. Making that connection will help managers see the importance of the training.
9. Only using one version — Managers need to understand how the company can be liable for workplace harassment. Employees just need to know what harassment is and what to do if they think they’ve witnessed it. If you train both management and staff, it’s a good idea to give separate presentations so each group gets exactly what they need.

What has your organization done to overcome the obstacles of supervisor training? Let us know by leaving a comment below.

The estimate comes from a recent report released by the Family and Work Institute. They say about 21% of employers don’t offer employees the full 12 weeks of FMLA leave.

The study’s gotten a lot of press. But some folks aren’t buying it, including those at the Department of Labor. A DOL spokesperson said it’s difficult to measure compliance rates and there isn’t enough data in the report to judge its validity.

One possibility is that the managers surveyed answered questions incorrectly because they weren’t completely familiar with the law’s requirements. That in itself may not lead to actual violations, but it raises a point about the importance of supervisor training.

You can download the entire study here. What do you think? Can that many companies be breaking the law?

Often, the mistake is the result of paying more attention to a job title than someone’s actual job duties. Even when an employee is called a “manager,” he or she isn’t automatically exempt, since managerial jobs can often involve a lot of non-managerial duties, like clerical work or physical labor.

Assistant managers have to meet the same exemption criteria as managers – that is, their primary duty is managing the department, they’ve got at least two full-time employees (or an equivalent number of part-timers) working under them, and they have the authority to hire and fire, or at least significant pull when it comes to personnel decisions.

Whether or not an assistant meets the exempt standard will vary from employee to employee. Some managers, especially in large departments, may share enough authority to make the assistant exempt. In other cases, the manager will be very hands-on, so that the assistant’s primary duty is just to make sure the manager’s decisions get carried out. Employees in that position are most likely nonexempt.

Jobs need to be reviewed on an individual basis to see if the exemption applies. If a position does have enough managerial authority to qualify for an exemption, those duties should be added to the job description to clear up confusion and provide documented evidence if a complaint about unpaid overtime comes up.

A group of women sued their former employer, claiming they were paid less than their male peers. In addition to the company itself, 13 managers and executives were listed as defendants.

The court let the case move forward — including the claims against the individual managers. Why? They each played enough of a role in the decision-making to be held accountable.

Now, they’ll have to pay out of their own pockets to settle the case or defend themselves at trial.

Under federal law, individuals can’t be held liable for discrimination. Many states though — in this case, Connecticut — have discrimination laws that allow managers and other individuals to be sued.

That should give supervisors another incentive to pay attention to the law.

Cite: Schaefer v. General Elec. Co.