Harassment of one kind or another, in the workplace or associated with it, continues to dominate headlines every day. The banking and financial industries, regrettably, are not immune from this problem. For far too long, many organizations did not take allegations of harassment seriously enough and did even less to prevent or stop harassment.  

Now many places of business realize they need to have a plan in place, but don’t know where to start. A commitment to appropriate and effective training can go a long way toward making businesses compliant with federal regulations as well as cultivating positive and more productive working environments. 

The first step to prevent and respond to allegations of harassment is having an anti-harassment policy. However, policies are only effective if understood and enforced. The next step to take toward producing a safer – and happier – working environment for everyone is education. Employees of all levels – and especially managers – need to be educated as to appropriate parameters. Basic as it may seem, managers need to know that an answer like “boys will be boys” isn’t an acceptable response to an allegation.  

What Training is Most Effective 

From recent media coverage, many employees are familiar with quid pro quo harassment (i.e. movie producers threatening to withhold work in a movie if the actress doesn’t comply with his or her sexual demands). However, most employees are not as aware of other types of harassment that constitute a “hostile environment.” That lack of awareness can lead to substantial problems for an employer. 

Anti-harassment education, coupled with antidiscrimination and unconscious bias awareness programming, is important on many levels. This education helps to make employees aware of the boundaries of proper conduct at the workplace. It serves to protect employees, provides a safer working environment and reduces issues of poor morale and staff departures.  

To be most effective, this specialized training must explain the employee’s individual obligation to stop and prevent harassment. At the same time, employees are advised of their rights to address harassment while being assured that they can still have positive interpersonal interactions with their coworkers as well.  

With education and training efforts, it is crucial not to assume that people understand what constitutes appropriate conduct. What one person might take for granted as out-of-bounds behavior, another may view as innocuous.  

As an example, in a recent anti-harassment training program, I reviewed the company’s policy (that I had prepared) with the company’s employees. On the list of prohibited conduct was sharing stories of one’s sexual activities at the workplace. That brought on a roar from several of the employees and a very red face on another. The embarrassed individual truly had no idea that coming to work and telling his buddies about his sex life is or could be a problem for him and his employer. And yet, in a court of law or state agency, that ignorance or lack of intent would not be relevant.  

Helene Horn Figman

Not All Created Equal 

As an organization looks into anti-harassment training, it’s important to keep in mind that not all training programs are created equal. While web-based training might seem more convenient, in-person, interactive training sessions tend to provide memorable learning opportunities that allow participants the ability to absorb the importance of the subject matter. In front of a computer screen, an employee reading paragraphs, answering questions and checking boxes will more often than not check out. 

Instead, the goal of effective anti-harassment training should be to get employees to pay attention and participate. Integrating quizzes, games, role-playing and discussions of case scenarios is often less stressful and much more memorable.  

It’s also important to remain civil and respectful throughout the training, and to avoid speaking in generalizations whenever possible. Anti-sexual harassment training that turns into a man-bashing session tends to unfairly put male employees, as well as many female employees, on the defensive. 

Additionally, training should be a continual exercise – not a one-and-done proposition. This way, employers are providing opportunities through these programs to clarify confusing subject matter, and also cover any ways in which things may have changed.  

For instance, 15 years ago, anti-harassment training sessions did not include warnings about going into Facebook (not launched until 2006) or scrolling the Internet for pornography, nor did they cover broader issues of social media or concerns such as “sexting.” Anti-harassment training must change with the times. 

Effective Programs Help Firms 

As with other aspects of their jobs, managers are held to a higher responsibility to take affirmative steps to prevent and stop sexual harassment. Not only must they monitor their own behavior as well as monitor others’ behaviors, but they also need to recognize what constitutes notice of an informal or formal concern regarding harassment in the workplace.  

Managers often have the responsibility (in conjunction with HR) to counsel and issue discipline to individuals who violate company policy and prevent retaliation against the alleged victim both during and after a complaint is filed internally or externally. 

There is much to be concerned about when it comes to potential harassment in the workplace, but by implementing appropriate and effective training programs, an organization enhances its ability to help prevent harassment from occurring in the first place and establishes a culture that doesn’t tolerate unwanted conduct. 

Helene Horn Figman is an employment law specialist and attorney of the Law Offices of Helene Horn Figman, P.C., with a focus on education and training. She can be reached at hfigman@figmanlaw.com.