Compliance Checklist

Does Your Training Program Meet Federal and State Requirements?

Preventing Discrimination and Harassment Compliance Training Checklist

Ensuring your compliance training and policies cover all the federal and state requirements isn’t always easy or clear cut. To simplify the process, we’ve put together a checklist to help you evaluate the effectiveness of your current compliance training program for:

Use this guide to check your existing training or any other compliance training program to ensure it meets your needs:

EEOC Guidelines for Training

Employee Training Requirements:Covered by Traliant:
1. A clear explanation of prohibited conduct.
2. A clearly described complaint process that provides accessible avenues for complainants.
3. A complaint process that provides a prompt, thorough, and impartial investigation.
4. A focus on the unacceptable behaviors themselves, rather than trying to teach participants the specific legal standards that will make such conduct "illegal."
5. Assurance that employees who make claims of harassment or provide information related to such claims will be protected against retaliation.
6. Assurance that employer will protect the confidentiality of the individuals bringing harassment claims to the extent possible.
7. Assurance that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred.
8. Compliance training should explain the consequences of engaging in conduct that is unacceptable in the workplace.
Manager Training Requirements:Covered by Traliant:
1. The types of conduct that violate the agency's anti-harassment policy.
2. The seriousness of the policy.
3. The responsibilities of supervisors and managers when they learn of alleged harassment.
4. Prohibition against retaliation.

California AB 1825

California law prescribes that supervisors and managers should receive two hours of training that contains:Covered by Traliant:
1. A definition of unlawful sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964.
2. FEHA and Title VII statutory provisions and case law concerning the prohibition against and the prevention of unlawful sexual harassment in employment.
3. The types of conduct constituting sexual harassment.
4. Remedies available for victims of sexual harassment.
5. Strategies to prevent sexual harassment in the workplace.
6. Factual scenarios based on examples from case law, media accounts, and workplace situations illustrating sexual harassment, discrimination and retaliation.
7. The limited confidentiality of the complaint process.
8. Resources for victims of unlawful sexual harassment, such as to whom they should report any alleged sexual harassment.
9. The employer's obligation to conduct an effective workplace investigation of a harassment complaint.
10. Training on what to do if the supervisor is personally accused of harassment.
11. The essential elements of an anti-harassment policy and how to utilize it if a harassment complaint is filed.
12. The prevention of abusive conduct as a component of the training.

Connecticut CHRO Act

The Connecticut Human Rights and Opportunities Act (CHRO) requires employers with 50 or more employees to provide two hours of training to supervisors. The training should cover these topics:Covered by Traliant:
1. Defining sexual harassment as explicitly set forth in Connecticut law.
2. Discussing the types of conduct that may constitute sexual harassment under the law, including that the harasser or the victim may be either a man or a woman, and that harassment can involve persons of the same or opposite sex.
3. Describing the remedies available in sexual harassment cases, including, but not limited to, cease and desist orders; hiring, promotion or reinstatement; compensatory damages and back pay.
4. Advising employees that individuals who commit acts of sexual harassment may be subject to both civil and criminal penalties;
5. Discussing strategies to prevent sexual harassment in the work place.
By way of example, but not limited to, the Connecticut CHRO training may also include the following elements:Covered by Traliant:
6. Informing training participants that all complaints of sexual harassment must be taken seriously, and that once a complaint is made, supervisory employees should report it immediately to officials designated by the employer, and that the contents of the complaint are personal and confidential and are not to be disclosed except to those persons with a need to know.
7. Conducting experiential exercises such as role playing, coed group discussions and behavior modeling to facilitate understanding of what constitutes sexual harassment and how to prevent it.
8. Teaching the importance of interpersonal skills such as listening and bringing participants to understand what a person who is sexually harassed may be experiencing;
9. Advising employees of the importance of preventive strategies to avoid the negative effects sexual harassment has upon both the victim and the overall productivity of the work place due to interpersonal conflicts, poor performance, absenteeism, turnover and grievances.
10. Explaining the benefits of learning about and eliminating sexual harassment which include a more positive work environment with greater productivity and potentially lower exposure to liability, in that employers--and supervisors personally--have been held liable when it is shown that they knew or should have known of the harassment.
11. Explaining the employer's policy against sexual harassment, including a description of the procedures available for reporting instances of sexual harassment and the types of disciplinary actions which can and will be taken against persons who have been found to have engaged in sexual harassment.
12. Discussing the perceptual and communication differences among all persons and, in this context, the concepts of "reasonable woman" and "reasonable man" developed in federal sexual harassment cases.

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