Federal Compliance May Not be Enough

Anti-Harrassment Federal Compliance May Not be Enough for Employers

Employers and HR professionals who believe they are in compliance with federal law may expose themselves to the legal intricacies required by state law with regards to harassment and discrimination cases in the workplace.

Federal Compliance Not Enough
Two of the most important changes in the more detailed and expanded state laws have been in the areas of gender identity and anti-discrimination. Since laws related to these subjects vary by state, employers with a single anti-harassment policy may not provide enough protection for their employees and their company, especially if they operate in more than one state. Conversely, if one state does not offer that same kind of protection, doing so could inadvertently raise the bar for anti-harassment standards in that state.

Penalties Vary
State law and federal law also differ in penalties when it comes to anti-discrimination cases. Federal laws, for example, apply caps for punitive damages but state laws typically do not. Most federal laws also protect individuals against liabilities but some state laws will allow claims to be filed against supervisors.

Training Employees and Management
To protect themselves, employers must show proof that they took reasonable steps to correct harassing and discriminatory behaviors. Furthermore, they must show that an alleged victim failed to take advantage of corrective opportunities.

Periodic anti-harassment training of employees should also be imposed, particularly by trainers who have the appropriate legal expertise. The 'Gold Standard', as it is referred to, requires employers to provide two-hour interactive training sessions to members of its supervisory team once every 2 years, which should be enough to construct state and federal defense should an anti-harassment or anti-discriminatory case arise.

By: Alfa