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Employers also must be careful not to retaliate against employees who file Title VII of the Civil Rights Act of 1964 (Title VII) complaints of harassment or discrimination.Employers also must be wary of violating USERRA by discriminating against applicants or current employees.It is a sad truth that the employees of just about every business, in every business, will occasionally encounter team members who are taking part in unethical behaviors.Such unethical behaviors include a wide variety of different activities.While most organizations provide at least minimal training to employees and supervisors, what often happens after a complaint is filed is the investigation finds the parties involved have “missed” training for four, five, or even more years—and the defense becomes unavailable. U-Haul International, a court held that a written policy against workplace discrimination alone did not suffice to prevent the award of punitive damages to the plaintiff.To meet this requirement, supervisors can take the following Inspired e Learning courses: Although EEOC guidelines and Supreme Court decisions do not specifically define what “periodic” training means for non-supervisors, a best practice is to train all employees for at least 30 to 60 minutes every other year on workplace harassment prevention. The company was not able to provide any evidence that they had “an active mechanism for renewing employees’ awareness of the policies through…specific education programs.” 233 F.3d 655 (1st Cir. To meet this requirement employees can take the following Inspired e Learning courses: Inspired e Learning has a 35-point organizational questionnaire that not only covers all issues currently required in a workplace harassment policy, but includes issues that should be considered to prevent developing problems in the future (e.g., does your organization prohibit supervisors from dating subordinates? Please download our white paper to view the questionnaire.

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They know firsthand that preventing lawsuits is far preferable to litigating them. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under title VII, and developing methods to sensitize all concerned.” § 1604.11(f).Retaliating against such employees, which includes testifying or making a statement in connection with a proceeding under USERRA, also is strictly forbidden and punishable under the Act.That applies even to individuals who haven’t served in the military.A number of states also require sexual and workplace harassment training (California, Cal. California AB 1825 requires two hours of classroom or other effective interactive training and education to supervisory employees every two years.

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While neither the United States Supreme Court nor the EEOC have quantified a specific amount of time required to assert an affirmative defense to hostile work environments, the requirements set in state laws provides guidance as to what is acceptable.They end up spending a great deal of time, on occasion more time than they spend at home, with this new “friend” so the friendship can become very deep.These friendships can quickly lead to strong emotional attachments.Download BLR’s new comprehensive report, New Overtime Regulations: Classifying Exempt and Nonexempt Employees Under the FLSA.