HRTrain Blog

No One Calls Our Users Monkeys

May 16, 2012 – 8:53 pm

One of HRTrain’s clients was sued for sexual harassment.  Plaintiff’s attorneys, in an attempt to legitimize their client’s claims, alleged in the complaint that the sexual harassment prevention training was “so simple a monkey could take it,” implying that it was overly simplistic and therefore wasn’t effective training.  That didn’t sit well with me.

In fact, this ridiculous insult bothered me so much that I flew to Texas and testified as a witness at the case’s jury trial.  I made sure the quality, interaction and design of the course was demonstrated – I even projected the course on a screen so that the jury could see it.  I explained how the training ensured that the company’s sexual harassment policy was communicated.  I demonstrated that the training was engaging, interactive and effective.

Needless to say, the plaintiff did not prevail in showing that our training was overly simplistic and ineffective.  In fact, after the trial, the employer’s lawyers told me that they heard the jury members loved me – and more importantly, were very impressed with our training (as they should have been).

The truth is that our training is designed to be simple – the design is engaging, the navigation system is intuitive.  It’s designed that way so that the user can focus on acquiring the learning objectives, and so that the importance of following your policies is reinforced.  No bananas required.

-Bob Lipman, President HRTrain

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How Do You Make Your Code of Conduct Meaningful?

May 10, 2012 – 3:25 pm

It doesn’t have to be as difficult as you think.  It’s true that most employees have difficulty reading a list of ethical do’s and don’t’s and putting them into practice in the real world.  Why?  The answer is simple – because the process is usually approached backwards.

Before your employees can put your rules in place, they need to recognize that they are in a situation which requires that the rules be considered.  We accomplish this critical task in our workplace ethics training by walking users through the thought process.  Learners must realize that your code of conduct isn’t there to provide more hoops for them to jump through – there are real world consequences for failing to follow your policy, whether it’s your organization losing credibility or the loss of their job.  Realistic and relevant scenarios are utilized that force users to sort through different courses of conduct and identify relevant issues.  Perhaps most importantly, the scenarios link with your organization’s specific relevant policies, reinforcing both your rules and the importance of issue-spotting before a conflict arises.

 

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EEOC Issues New Enforcement Guidance On Arrest And Conviction Record Consideration …

May 2, 2012 – 4:30 pm

Last week the EEOC issued new Enforcement Guidance covering employers’ use of arrest and conviction records in employment decisions.  Basically, the Guidance reinforces the fact that employers that use an individual’s criminal history when making employment decisions may be found to have engaged in employment discrimination in violation of Title VII and covers several  topics including the applicability of disparate impact and disparate treatment theories, the difference between arrest and conviction records and which is controlling, state or federal law.

So, why are we discussing this in our training blog?  Simple – you need to remember that every aspect of the employment relationship, from interviewing through discharge, can be subject to scrutiny on many levels, and that the terms of that scrutiny are constantly in flux.  Your policies need to reflect the current state of the law – in this case, you need to make sure that your treatment of criminal history information conforms to the new Guidance, is related to the position and is consistent with business necessity.  You also need to make sure that your employees are trained appropriately on your policies.  Supervisors and decision makers must know, for example, what questions can be asked during an interview, and how the information obtained can be used.  Supervisors must be aware of how to handle the situation if an employee has been arrested or, at the very least, who to go to with questions in such a situation.

If you are interested in more information about the new Enforcement Guidelines, they are available at  www.eeoc.gov/laws/guidance/arrest_conviction.cfm.  For more information about HRTrain’s products and how we can help reinforce your employment policies, visit www.hrtrain.com or contact our Vice President of Sales, Rena Cohen, at (888)HRTrain (888-478-7246) or rena@hrtrain.com.

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We Want To Help

April 17, 2012 – 4:22 pm

HRTrain recognizes the commitment our clients make to supporting their communities, and we believe that in times of a stressed economic environment, this effort is even more laudable.  To help, for each referral that results in a group sale of an HRTrain product, we pledge to make a  $200 donation to the  501(c)(3) charitable organization of your choice.

Please contact us for details by calling us at 1 (888) HRTrain (478-7246) or contacting our Vice President of Sales, Rena Cohen, at rena@hrtrain.com.

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Eat Your Vegetables!

March 20, 2012 – 8:56 pm

A cautionary tale (warning:  not for the squeamish):  I was told that the EEOC imposed a Consent Decree upon a firm which required them to conduct sexual harassment prevention training.  One of the top employment law firms provided live training to fulfill the requirement.  Although I’m sure the employment lawyer/trainer did a good job, after he left the room, the CEO spoke to the assembled employees.  He said “What did we just learn?  Don’t go to lunch, have meeting, or otherwise ever be alone with a woman.”  Sigh.  The entire training was just invalidated and forty witnesses-to-be (that could be used by plaintiff lawyers for years to come) were just created.

What went wrong? How could this be prevented?

In order for your training to be effective, management must stand behind it.  They have to understand that the training is necessary for the long-term healthy functioning of the organization. Your employees also cannot doubt that management firmly supports your policies and your training.

So what does this have to do with vegetables?  My grandmother could not cook vegetables, but in front of the kids, my grandfather ate them, smiled and asked for seconds in order to support her authority at the dinner table. Your employees also have to understand that there is no wiggle room when it comes to the enforcement of your policies.  To do that, you have to make sure that your entire management team does the equivalent of eating their vegetable – they have to give your employees a clear message and present a united front.

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