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The Basics of Sexual Harassment Prevention Training and Posting

In yesterday’s post, I talked about the basics of what is and is not “sexual harassment”. Continuing the theme of going back to the basics, employers in the Constitution State have certain posting and training requirements that must be followed. These requirements are found in the administrative regulations set up by the CHRO regarding sexual harassment prevention. I first detailed these in a post WAY back in October 2007 (!) but they remain just as important today as ten years ago. For posting : All employers who have 3 or more employees must provide notices that say sexual harassment is illegal and address what the remedies are for such harassment. But here’s a free shortcut: The CHRO has prepared a model poster that complies with the statute and is free to download.  You can do so here.  It’s a good time to remind employers too that employers should also update their “Discrimination is Illegal” poster also offered by the CHRO....

What IS (and is NOT) Sexual Harassment (Legally Speaking)

With all the focus on sexual harassment in the news lately, one thing missing from most of the coverage is an actual explanation of what is (and is not) “sexual harassment”.  At least according to the law. Sounds simple right? Except that it’s not because the prevailing view of sex harassment differs from that found in the law. But I will try in a few short paragraphs to sum up decades of sexual harassment law.  (Obviously, I can’t but humor me.) Though the first thing you should know — the federal law on the subject actually doesn’t use the word harassment! Robin Shea pointed this out a while back in a blog post and I thought it was a good reminder to start with.  It’s a definition built from U.S. Supreme Court cases. There are two overall types of sex harassment that the courts have determined. Quid Pro Quo.   Sound smart: Basically this for that.  It’s a demand (express or implied) for sexual favors for either e...