In order to minimize claims against your organization, we offer various training sessions for managers, supervisors and employees on specific topics relative to your operations.
Separate training sessions are presented for supervisors and managers and, where applicable, for employees. Each session provides an overview of the desired topic, including which laws apply and a common-sense approach to reducing liability. Practical case scenarios and short videos are often used to develop awareness of issues and how to handle those situations successfully. Our customized training programs focus on liability reduction techniques and will integrate your specific policies and procedures. We provide employees legally sound and engaging instruction on these critical topics:
Each interactive and educational session can include comprehensive course materials, certificates of completion, required acknowledgements and attendance sign-in sheets for verification purposes. Training programs vary, but most sessions occur in two-hour increments. Fees are determined based on geographic location, number of employees and desired topic(s). Fee includes: attorney preparation and review, local travel time, and course materials. We recommend that session size be limited to no more than 40 individuals per session.
Popular Training Topics:
Some of our most popular customized training programs are identified below:
Discrimination and/or harassment against a qualified individual based upon disability in employment is unlawful. All applicants and employees are covered and protected by various federal and state disability discrimination laws. Managers and supervisors must be aware of their liability and their responsibility to remedy disability discrimination. The training provides attendees with the tools necessary to recognize disability discrimination, and offers practical advice on how to address disability discrimination in the workplace, or when a complaint of disability discrimination is made.
This “hands on” practical training reviews issues related to the reasonable accommodation process. Under California law, an employer must provide a reasonable accommodation to an individual with a disability. A general overview of the legal requirements of this process is used in conjunction with case studies and simulations of the interactive process. The materials focus on California law as it sets higher compliance standards for employers.
A key component to creating a workplace free of discrimination is education. Most supervisors and managers are aware that it is illegal to discriminate on the basis of race, national origin, age, sex, disability, and religion. But they are not always clear on what actions are not permitted under these laws, and the types of discrimination that are protected. Discrimination or harassment based on personal bias can create legal liability. Our firm offers training to prevent potential discrimination by increasing awareness and understanding of characteristics protected by Federal, State, and Local laws.
FRISK® Leadership Series
The FRISK® Leadership Training Series is a proven communication framework for successfully remediating performance problems. FRISK® lays out, in clear and simple terms, the basic points that evaluators should include in feedback to employees to satisfy just cause requirements, promote positive change, and provide a clear understanding of performance expectations.
PROOF ~ Proper Investigations
Whether it is a formal, written complaint or an informal, verbal complaint, arguably the most critical aspect of responding is the ability to conduct a prompt, thorough and effective investigation into the complainant’s concerns. A properly conducted investigation offers management personnel the roadmap to make difficult decisions based upon the facts available. The primary purpose of investigation training is to prepare managers and supervisors to thoroughly gather the facts so they can confidently make employment decisions and issue effective remedies for victims. This training provides tips & suggestions to uncover all the relevant facts, provides the tools necessary to approach each investigation thoroughly and effectively and offers proper report preparation techniques, and mistakes to avoid.
Investigations – Credibility Factors
In workplace investigations, witnesses often contradict each other on key facts or they interpret those facts differently. As an investigator, you must determine whose version (or interpretation) of those facts you believe. How do you make that determination? Are you confident that your approach to assessing witness credibility results in correct findings? This training provides an in-depth analysis of credibility factors, including corroboration, plausibility, motivation, consistency, contradictions and demeanor. The session also explores other factors that may influence an investigator’s decision making process, including implicit/unconscious bias, and provides guidance to reduce those concerns. The training uses real world examples and fact-based hypotheticals to sharpen your skills in making credibility assessments.
Investigations – Difficult Witnesses/Interview Techniques
As an investigator, you must determine how to best handle witnesses with different types of personalities in order to effectively complete your investigation. Our training will share tried-and-true methods to successfully interview different types of witnesses that may be encountered during investigations, including: evasive or argumentative witnesses or dishonest or rambling witnesses. Equip investigators with the proper tools to ensure that difficult witnesses do not derail your workplace investigation.
Leaves of Absence
This program will help employers understand and apply leave provisions of state and federal law. It will cover the Family Medical Leave Act, the California Family Rights Act, the California Pregnancy Disability Act and other state laws.
What are you entitled to expect from union representatives and what are they entitled to expect from you? This training session will include an overview of the negotiation process, key terms, preparation techniques, and mistakes to avoid.
Employment Practices: Hire Right
What makes for a good hiring decision? How do managers and supervisors learn what they need to know during the application and interview process? What mistakes do managers and supervisors make when conducting employment interviews? This training session discusses hiring basics, what potential liability exists for employers making hiring decisions, what you can and can’t ask and provides tools to simplify the hiring process.
Effective Employee Management
A major concern for employers is addressing employee performance and behavioral issues with proper documentation. Our training provides managers and supervisors with the tools to improve performance with constructive communication and, when necessary, how to gather and create proper documentation for discipline. By helping managers and supervisors to understand the right way to handle employee discipline and documentation, companies can effectively minimize claims.
More Information/Schedule Training
We would be happy to prepare a customized program which can cover multiple topics or specific issues facing your organization. Please contact our training consultant to develop and schedule a training program customized for your organization.
Alerts & Articles
- A Renewed Focus on Title IX: Addressing Sexual Misconduct Allegations in the Educational Setting Amidst Hollywood RevelationsEdLawConnect Blog, 03.05.2018
- Labor & Employment Law Blog, 11.01.2017
- Coordinating with Local Law Enforcement to Address Sexual Violence and Comply with Title IX: The Key Features to Address when Negotiating a Memorandum of UnderstandingEdLawConnect Blog, 06.02.2017
- California Supreme Court Holds That A Franchisor Is Not Vicariously Liable For Claims Of Alleged Sexual Harassment By Employees Of Franchisee, Unless. . . .Labor & Employment Law Blog, 08.29.2014
- Labor & Employment Law Blog, 11.19.2011
- Sexual Harassment Claims By Women Are Declining, But Sexual Harassment Claims By Men Are On The RiseLabor & Employment Law Blog, 02.15.2011
Sexual Harassment Awareness & Prevention
Sexual Harassment Awareness & Prevention
Don’t Let the Headlines Impact Your Organization…What is an Employer Supposed to Do Now?
The #MeToo movement grips the headlines almost every day as many people have broken their silence to report sexual misconduct in the workplace. Despite well-intended programs, it has become apparent that providing the minimum required training is not effective in preventing such claims. The state of the harassment complaint is at a flashpoint in the workplace.
We are here to help. We have developed a training package that shares our best practices, provides advice, policies, and procedures along with our experience to assist your organization to minimize the risk associated with harassment claims.
The Equal Employment Commission (EEOC) Guidelines for harassment prevention states that on-site training optimizes the delivery of information to ensure a productive training to focus on a work environment where inappropriate behavior (not just blatantly offensive behavior) is not tolerated. Our training offers clients a way to develop the best approach for their workplace. We deliver training with our customized training program to ensure that your workplace is in the best position to thwart harassment in the first place, offers a clear avenue for employee reporting, including effective bystander training and methods to ensure that your organization will be informed of potential problems before they escalate, plus address the anticipated changes in law in response to the #MeToo movement to change workplace behavior.
Training Components: Our attorneys tailor each training program to suit the needs of the clients’ goals and objectives, not only with proper on-boarding strategies and legally compliant policies, but with focused training that offers employers a platform to address employees’ prejudices and behaviors, shifts company culture and goes beyond the current mandated requirements of prevention training.
Tailored Training: Training the organization, not just those in supervisory positions, offers a comprehensive top-down approach that sends a strong message that inappropriate behavior in the workplace will not be tolerated, can offer a clear avenue for employees to report incidents free from retaliation, and when done correctly, can be effective in increasing the number of complaints thus presenting the organization an early avenue for intervention and demonstrating that your organization does not tolerate harassment and took the appropriate steps to prevent and correct behaviors before things escalated and complaints were taken outside the organization.
AB1825 | AB2053| SB396: Since 2004, California employers with 50 or more employees have been required to provide two hours of sexual harassment training and education to all supervisory employees within the first six months of the employee’s employ in a supervisory role. This training must be repeated every two years. The training is required to include information, guidance and practical examples on the federal and state statutory provisions concerning the prohibition, prevention, correction, and remedying of sexual harassment in the workplace. In 2015, Governor Brown signed AB2053 into law which further mandated the covered employers add “abusive conduct” (anti-bullying) training into the sexual harassment training curriculum. Effective 2018, training will also be required to include prevention of harassment based on gender identity, gender expression, and sexual orientation. Atkinson, Andelson, Loya, Ruud & Romo training fully complies with the requirements of AB1825, AB2053, and SB 396.
Company Culture: An organization’s interest in preventing harassment is moral as well as legal. Preventing harassment and fostering civility and respect in the workplace are the right things to do in any organization and public perception demands it. Employers with strong anti-harassment policies and anti-harassment training can create a culture of compliance, reporting, and remediation that will encourage employees to seek remedies within the company rather than outside, perhaps through social media or litigation.
Employer policies generally prohibit discrimination and harassment in the workplace and require or encourage employees to report promptly the harassment they experience or witness, so that incidents can be properly investigated. Clear channels for anonymous reporting should also be established along with clear prohibitions against retaliation. Live by your policy.
Investigations: Even if a stale claim lands on your desk, you will want to conduct an investigation. Since your policy should encourage employees to report promptly you will want to adhere to your policy and enforce its integrity. Atkinson, Andelson, Loya, Ruud & Romo attorney investigators have extensive experience assisting clients to conduct effective investigations using established steps that focus on proper mechanics along with laws, policies, regulations, or procedures that apply to provide for a concise, thorough, and accurate process and outcome. A number of problems may be created by an improperly conducted investigation, including loss of employee morale, destruction of confidentiality, unwanted media attention, and potential litigation against the organization as well as the investigator. Based on our experience, our investigators provide insightful interviewing of witnesses, thorough evaluation of evidence, and cautious weighing of credibility.
#Make-up | Employee Promotions: We will continue to offer on-site sexual harassment awareness & prevention training in our Cerritos office every other month on the second Thursday of the month at 3:00pm (2018 training dates) to conduct training for those employees that missed the training held at their organization or were recently promoted into a supervisory position. The cost per person is $90.
Upcoming 2018 Training Dates:
For more information or to schedule training please contact Jane Guesnon firstname.lastname@example.org or 562.653.3409.
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