At a minimum:

1. make sure your written sexual harassment policy is current and up-to- date with recent court rulings and government regulations.
2. conduct required supervisor and manager training in 2007 (if you have 50 or more workers in California)

Agricultural employers should take note: a recent study of discrimination cases handled by the Federal EEOC from 1997 through 2005 by The WAGE Project, a non-profit group, indicates that the EEOC sexual discrimination consent decrees during these 9 years ranged from $6,250 to $50 million, and almost 3/4th  of the total award settlements were above $100,000.

Employee Handbooks or Policy Manuals are Important

Employers have received large punitive damages awards in the sexual harassment cases because:

• company's written harassment policy was not current;
• policy did not clearly describe conduct which would constitute sexual harassment; 
• policy did not include an anti-retaliation provision;
• investigation of harassment complaints not timely;
• Insufficient discipline after investigation.  

If an employer's employee handbook or personnel policy has not been reviewed by legal counsel since Jan. 2004, it is likely to be out of date and in need of changes.

The Federal EEOC has filed dozens of lawsuits against agricultural and food-related companies since the late 1990’s, when it started to seek out cases related to farm workers, and this enforcement effort is continuing.  Enforcement has been expensive for employers, with recent cases including: $1.05 million involving Rivera Vineyards (2005), $1.85 million for Tanimura & Antle (1999), $994,000 jury verdict vs. Harris Farms (2005), $205,000 for a Florida vegetable packer (2004) and $150,000 for a Washington state fruit grower (2005).

California Requires Supervisory Training Every Two Years: 2007 is a Training Year!

Also, late in 2006, the California Fair Employment & Housing Commission adopted final regulations interpreting the Sexual Harassment Training and Education law of California enacted in 2004. 

Highlights of the law and regulations:

• Who must comply with mandatory sexual harassment training?  Employers with 50 or more employees or independent contractors working daily in California in 20 weeks of a year.
• Who must be trained?  Supervisors and managers who have authority over employees must be provided 2 hours of training every two years.  (The first year training was required was 2005, and 2007 requires training again.)
• Who can conduct training?  Trainers “must have knowledge and expertise in the prevention of harassment, discrimination and retaliation.”  If the training is not conducted by someone with “legal education coupled with practical experience, or substantial practical experience in training in harassment…” such a person must be available to answer questions and provide feedback to trainees.  
• What subjects must be included in training?
• Definition of unlawful sexual harassment under state and Federal law
• Types of conduct that constitute harassment
• Remedies available for harassment
• Strategies to prevent harassment
• Practical examples of workplace harassment
• The limited confidentiality of the complaint process
• Resources for victims of unlawful harassment
• Employers obligation to conduct effective investigation of harassment complaint
• What a supervisor should do if personally accused of harassment
• Essential elements of a anti-harassment policy and how to use it if a harassment complaint is filed
• Review of Employer’s policy - each supervisor given a copy and required to read and acknowledge receipt
• What training method is required?  Any method may be used as long as training is interactive and includes questions which assess learning, use skill-building activities to apply content learned and discussion questions so supervisors remain engaged in training.
• What proof or verification is required of the employer?  Employers must track the name of the supervisor trained; date of training; type of training; and name of trainer.  Records must be kept for two years.

If you would like a sample sexual harassment policy which has been drafted in response to recent laws and court decisions, just E-mail a request to info@dondressler.com for:
“Sample Employee Policy on Unlawful Harassment”
or visit our website under the White Papers Section .

Don Dressler Consulting provides on site Sexual Harassment training which meets the requirements of California law.  Training is available in English and Spanish.  The firm also reviews employee handbooks and personnel policy manuals for a small fixed fee, to assure they are timely and up-to-date with California law, regulations and court decisions.  For help, just call 949-533-3742 or E-mail: info@dondressler.com