The United States Supreme Court has determined that sexual-harassment training had been provided by an organization that desires to use an "affirmative defense" in a sexual harassment claim against a supervisor. In Faragher v. Boca Raton, the Supreme Court decided that an organization could not claim they had created an environment free from sexual-harassment responsibility unless company-wide sexual-harassment training had been provided.

"Affirmative defense" is an approach an organization takes to claim that the organization itself is not responsible for the supervisor's actions because the supervisor was acting independently when a sexual-harassment occurred. This defense has been successful in eliminating or reducing judgments.

Although sexual-harassment lawsuits are rapidly increasing every year, many companies are playing roulette by hoping to their supervisors and employees will not be caught in a situation where a suit can be filed or defended. In addition to the growing number of suits, the actual settlements are getting larger and larger. A local automobile dealership was assessed $500,000 in a settlement while a beverage distributor was hit with a $1.79 million settlement.

When a company voluntarily provide sexual-harassment training to their employees it is radically more inexpensive than court mandated training. When a court mandates training they require added record-keeping which must be presented by an attorney to the court once the training is successfully completed.

Sexual-harassment training is available from many resources. Classes typically run anywhere from three hours to an entire day. The Supreme Court does not view the length of the class as having an impact on the effectiveness of a class. They look for specific objectives. At the end of a sexual-harassment training class, employee should be able to:
==> Recognize what is and what isn't sexual harassment.
==> State methods for preventing sexual harassment.
==> Recognize factors that contribute to a hostile environment.
==> Prevent retaliation claims from occurring.
==> Know the proper steps to take in the event that a sexual harassment investigation occurs.

In addition to traditional classroom style some companies, including Rochester Hills-based Max Impact, offer online solutions. Max Impact's online sexual-harassment training class uses technology made available through Macomb Community College in Clinton Township, Michigan. This online class allows employees to work at their own speed in completing the class. At the same time it allows for an interactive learning experience which leads to greater teamwork and camaraderie.

Regardless of the format of the sexual-harassment training at you select the important thing is to make sure that you do select one and implement it immediately. Follow up classes should be provided every other year in order to be able to use the affirmative defense in the event that an employee files a sexual-harassment suit against your company or one of its managers or even a fellow employee.

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Rick Weaver

Rick Weaver is an accomplished business executive with a wealth of experience in retail, market analysis, supply chain enhancement, project management, team building, and process improvement.

Rick career began in retailing as a stockclerk, eventually becoming the Director of Vendor Development at Kmart Corporation during it’s heyday. In this position he worked with hundreds of Kmart’s suppliers to improve mutual processes, procedures, and profits.

As a consultant, Rick has worked with companies in various industries to develop leadership and business strategies. These companies include Sara Lee, Procter & Gamble, 3M, GM, The State of Michigan, OLHSA, Fruit of the Loom, Eastman Kodak, Kmart, Coleman, Pope & Talbot, Atmosphere Heat Treating, Rinchem, Builder's Industry Association, Ingersoll-Rand, Dow Chemical, HIS Jeans, Wrangler, Confab, S. C. Johnson, Kimberly-Clark, Exxon-Mobil, Pennzoil, Kraft, Remington Arms, US Playing Cards, and Johnson & Johnson.

As an entrepreneur, Rick has founded or co-founded six successful organizations, including non-profit and for profit. All organizations have been consistantly profitable since their second quarter.

Now in his role as president of MaxImpact, Rick uses his vast experience helping individuals connect to their dreams and teams connect to a common vision.

Rick’s presentation style of blending humor, real life examples, and easy to implement ideas has made him a popular speaker at seminars, workshops, and conferences in in 43 states, Canada, and Puerto Rico.

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