Today is the last day of the General Assembly session and there are only so many hours to debate and pass bills.

And so, in a year when so many labor & employment law bills were up for consideration, it’s come down to a finish line where just one or two might pass.

The Pay Equity bill I highlighted earlier this week is on to the Governor’s desk, where he has indicated he will sign it.

But the bill making broad changes to the harassment and discrimination laws in the state now appears to be on life support. Perhaps even “mostly dead”.

You will recall from my post earlier this week that the bill passed the Senate with an overwhelming majority with language that seemed to have broad support.

According to a report in CT News Junkie, a deal has yet to be reached in the House and there may be too many issues with it to come to a deal today.

At issue has been the language eliminating the statute of limitations for some sex crimes.  It’s possible that a fix that revises the training requirements could perhaps see it’s way out of the mess but that is seeming increasingly unlikely according to news reports.

There are other bills still floating out there: Paid FMLA, changes to minimum wage, etc. None of them though seems to have enough steam at this stage to get over the finish line.

So stay tuned.  There’s a budget bill that is still up for grabs and the last day always has a way of surprising.

I’ll have a full legislative recap once the dust settles.

Update: A few days after this post, the General Assembly failed to give final approval to this measure, leaving it to die at the end of the legislative session on May 9, 2018.  

Early Friday morning, the state Senate approved a bill that would significant broaden the sexual harassment prevention training requirements and many other provisions in discrimination law.  A similar (but notably different) bill passed the House; now, this Senate bill on the House calendar for this week.

It’s not a done deal just yet, but here are the key provisions of Senate Bill 132 (as amended) as it seems probable this bill is close to final passage.  Thanks to the OLR for summarizing the key aspects of the bill of which I’ve borrowed heavily from.

TRAINING

  • The bill would change the training requirements for sexual harassment prevention.
    • It would require training for supervisory employees of all employers, regardless of size
    • For nonsupervisory employees of employers with 20 or more employees, it would also require training.
    • Overall, the training would need to take place by October 1, 2019 with some additional tweaks specified in the bill.
  • The bill requires CHRO to develop and make available to employers an online training and education video or other interactive method of training and education that fulfills the bill’s training requirements.
  • Under the bill, employers who are required to provide such training must, at least every ten years, provide supplemental training to update employees on the content of the training and education.

INFORMATION AND POSTING

  • Currently, employers must post a notice that (1) that sexual harassment is illegal and (2) of the remedies available to victims. Under the bill, this information must be sent to employees by email, within three months of hire, if the (1) employer has provided an email account to the employee or (2) employee has provided the employer with an email address. The email’s subject line must include “Sexual Harassment Policy” or something similar.

Continue Reading Revised Sexual Harassment Training Bill (And So Much More) Close To Final Passage

Ten years ago today, I wrote about the then-Tenth Anniversary of one of the horrible events that made a lasting impact on Connecticut employers.

I recounted the Connecticut Lottery shootings that happened a decade earlier.

Today, marks 20 years. (The CT Mirror has another perspective here.)

The New York Times report of that event is still chilling in its matter of factness:

Angered about a salary dispute and his failure to win a promotion, a Connecticut Lottery accountant reported promptly to his job this morning, hung up his coat and then methodically stabbed and gunned down four of his bosses, one of whom he chased through a parking lot, before turning the gun on himself.

Since that time, we’ve had other workplace shootings in Connecticut including one even deadlier (Hartford Distributors) and, of course, the massacre in Sandy Hook.

I’m reminded of a post I did early on that was titled: Are there really any lessons to be learned from evil? In it, I suggested the answer was “perhaps” — if only because employers need to keep reviewing their workplace violence policies and keep figuring out ways to spot trouble before it arises.

Just in 2014 alone, there were over 400 workplace homicides nationwide reported to OSHA.

Indeed, it seems the rare case where workplace violence just pops up out of nowhere.

OSHA does have some resources on the subject — but many of them are starting to be dated. 

One of the more useful items was a set of guidelines issued in 2015 targeting healthcare and social service workers.

It calls on employers to develop workplace violence prevention programs from five building blocks:

  1. Management commitment and employee participation;
  2. Worksite analysis;
  3. Hazard prevention and control;
  4. Safety and health training, and
  5. Recordkeeping and program evaluation.

There are far more details in the report than a blog post could recap but for employers looking to reduce the risk of a workplace shooting at their facility, getting started on your own program is as good a place to start as any.

As we remember the victims of the Connecticut Lottery shooting, may we honor their memories to keep bringing change and safety to our workplaces.

In trying to eliminate sexual harassment in the workplace, how do we go beyond just training?

That is, in essence, the question that my colleagues (Jarad Lucan and Ashley Marshall) and I have been talking about recently.

And, fortunately for you, a topic of a free CLE webinar we are putting on a few weeks.  It’s set for February 13th at 12 p.m.

What we are really looking at is how do you get your company culture and actions in line to try to reduce and eradicate sexual harassment from your workplace?

It does not, obviously, happen overnight.  Perhaps it’s revising your policies. Perhaps it’s adding an ombudsman program if you’re large enough.

Or perhaps it involves encouragement of employee complaints so that you can tackle the issue more directly.

There is no one size fits all to this but it’s an important enough topic (naturally) that we wanted to devote a CLE webinar just to this.

Hope you can join us for this timely topic.

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.  The poster was updated in October and again, is free to download here.  

For training: The training requirements only apply to employers who have 50 or more employees and apply only to supervisory employees.

Of course, this does not mean that employers who have less than 50 should NOT provide the training; indeed, offering the training can assist with a defense of a potential sexual harassment training.

Specifically, within 6 months of a new supervisor being hired or an employee being promoted to a supervisory position, the employee must receive at least two hours of training.

The format of the training should be conducted in a classroom-like setting, using clear and understandable language and in a format that allows participants to ask questions and receive answers.

The CHRO has indicated, in an informal opinion, that some e-learning training may satisfy this requirement.  Regardless, the training must also include discussion of six discrete topics such as what the state and federal laws say, what types of conduct could be considered sexual harassment, and discussing strategies for preventing such harassment.

Those topics are:

  • (A) Describing all federal and state statutory provisions prohibiting sexual harassment in the work place with which the employer is required to comply, including, but not limited to, the Connecticut discriminatory employment practices statute (section 46a-60 of the Connecticut General Statutes) and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. section 2000e, and following sections)
  • (B) Defining sexual harassment as explicitly set forth in subdivision (8) of subsection (a) of section 46a-60 of the Connecticut General Statutes and as distinguished from other forms of illegal harassment prohibited by subsection (a) of section 46a-60 of the Connecticut General Statutes and section 3 of Public Act 91-58;
  • (C) Discussing the types of conduct that may constitute sexual harassment under the law, including the fact that the harasser or the victim of harassment may be either a man or a woman and that harassment can occur involving persons of the same or opposite sex;
  • (D) Describing the remedies available in sexual harassment cases, including, but not limited to, cease and desist orders; hiring, promotion or reinstatement; compensatory damages and back pay;
  • (E) Advising employees that individuals who commit acts of sexual harassment may be subject to both civil and criminal penalties; and
  • (F) Discussing strategies to prevent sexual harassment in the work place.

Here the kicker: The regulations suggest (but do not mandate) that such training be updated for ALL supervisory employees every three years.

What does this mean? It means that if an employer wants to project an image that it has a strong policy against sexual harassment, it should consider following this advisory regulation to show that it is doing above and beyond what is required.

The regulations also suggest (but do not mandate) that records be kept of the training.

Again, it is a wise course of action to follow.

If you haven’t taken a look at your posting and training materials at your company, now is a good time to do so.

With a new wave of sex harassment complaints making headlines, there is also a bit of reflection that should happen at workplaces and the lawfirms that counsel them.

One area that we can evaluate is whether the training that is provided is effective.

A report yesterday from NPR concluded that training is just not working at many workplaces. 

The primary reason most harassment training fails is that both managers and workers regard it as a pro forma exercise aimed at limiting the employer’s legal liability.

For those of us who have been paying attention, this isn’t new.  I know that for the trainings I give, I try to have them be engaging with discussions of different fact scenarios being discussed.

But I’ve wondered whether we could be doing more.

Indeed, the EEOC issued a report last year highlighting the problems with existing training programs.

In its executive summary, it noted two big issues with the current model of training:

  • Training Must Change. Much of the training done over the last 30 years has not worked as a prevention tool – it’s been too focused on simply avoiding legal liability. We believe effective training can reduce workplace harassment, and recognize that ineffective training can be unhelpful or even counterproductive. However, even effective training cannot occur in a vacuum – it must be part of a holistic culture of non-harassment that starts at the top. Similarly, one size does not fit all: Training is most effective when tailored to the specific workforce and workplace, and to different cohorts of employees. Finally, when trained correctly, middle-managers and first-line supervisors in particular can be an employer’s most valuable resource in preventing and stopping harassment.
  • New and Different Approaches to Training Should Be Explored. We heard of several new models of training that may show promise for harassment training. “Bystander intervention training” – increasingly used to combat sexual violence on school campuses – empowers co-workers and gives them the tools to intervene when they witness harassing behavior, and may show promise for harassment prevention. Workplace “civility training” that does not focus on eliminating unwelcome or offensive behavior based on characteristics protected under employment non-discrimination laws, but rather on promoting respect and civility in the workplace generally, likewise may offer solutions.”

Connecticut requires harassment training; I’ve talked about the requirements in some prior posts (check this one out from 2010, for example.)  But employers who have just gone through the motions, aren’t doing enough as we’ve now seen.

As we continue to work to eliminate sexual harassment in the workplace, having an effective policy is only part of the solution.

Making sure the training we provide to employees is helpful is obviously a part as well — and something that may have been overlooked in the past.

But finding that perfect solution to training still seems elusive.

Wrapping up my look back this shortened week at some “Basics” posts, here’s a reminder of the obligations employers have to conduct sexual harassment prevention trainings.  Have a wonderful Thanksgiving and thanks for your continued readership.  

With every new law that gets passed, it’s easy to overlook the existing requirements that employers must follow.

After all, if employers are just tracking the new laws down without first nailing down compliance with “older” ones, then they are leaving themselves just as vulnerable to potential claims.

One area that is easy to overlook is sexual harassment prevention, particularly in Connecticut. Indeed, some employers believe that simply adopting a policy is all that is required.

And they would be wrong.

So, it’s time to go back to the basics and make sure you’ve hit the checklist when it comes to sexual harassment prevention in Connecticut.  Here are some things to consider:

  • All employers with 3 or more employees, must post notices regarding sexual harassment. Rather than tell you what it should say, just download the poster from the CHRO directly.  And it’s free.   (While you’re at it, consider spending some money to buy the all-in-one posters offered by some commercial ventures; alternatively, you can get the notices from each of the agencies.)
  • The CHRO suggests (but does not mandate) that the notices also include: A statement concerning the employer’s policies and procedures regarding sexual harassment and a statement concerning the disciplinary action that may be taken if sexual harassment has been committed; and  contact person at the place of employment to whom one can report complaints of sexual harassment or direct questions or concerns regarding sexual harassment.  Those are good ideas. Add them.
  • The notices need to be posted in a prominent location.  A shared lunch room is typical. Don’t bury them in a location that employees will never see.
  • Employers with 50 or more employees must also provide two hours of training and education to all supervisory employees of employees in the State of Connecticut within six months of their assumption of a supervisory position.  If you haven’t done such training, get it done now.  Your company’s preferred lawfirm should be able to do it or, in some instances, an employer’s EPLI carrier may also provide that service.
  • The training has certain requirements, such as that it is done in a classroom-like setting.  Some e-learning programs are now allowed under a 2003 informal opinion of the CHRO.
  • The CHRO recommends (but does not require) that an update of legal requirements and development in the law be given to supervisory employees every three years.  Again, that’s probably a good idea; it demonstrates an employer’s commitment to this issue.
  • The CHRO encourages employers to keep records of such training. I would go further than that to say that employers should strongly consider it.  If faced with a sexual harassment claim, such records may be key evidence to support the employer’s arguments that it took steps to ensure such harassment did not occur by training its employees.

Do you have all of these items under control? If so, you’re a step ahead.  If not, don’t ignore the issue.

Take steps to get the training done (Shipman & Goodwin provides such seminars on a frequent basis) and make sure your policies and procedures are current.

IIMG_9091 don’t care who you are: Somewhere, in a doctor’s waiting room, or a supermarket checkout line, you’ve seen the headlines of Cosmopolitan magazine.

But, as luck would have it as an employment lawyer, imagine my surprise when I saw this headline:

“He Did WHAT?! The Cosmo Guide to Surviving Sexual Harassment at Work“.

Of course, this was right below the $10 Beauty Bonanza headline, but for the sake of the blog, I was determined to get to the bottom of this.

But just then, the nurse called me back for the doctor’s appointment.  Oh well.

As luck would have it though, the articles are now online for all.  And while it would be easy to dismiss this as just “headlines”, it’s actually worth a passing read by employers. Cosmo did a survey of 2235 women on this issue and while I wouldn’t take the statistical authenticity all too seriously, the survey did have some surprising and troubling results.

I’ve read it so you don’t have to and here are the tips I’ve gleaned:

1. The women surveyed report a higher rate of harassment or sexual conduct in the workplace than you might think. 

Here are some of the findings:

  • One in three women aged 18-34 believes that they have been sexually harassed;
  • Just 29 percent of those who believe they have been harassed reported it to their employer;
  • 75 percent surveyed said it was male co-workers who sexually harassed them, though 50 percent or so report harassment by male clients or customers.

There are several takeaways from this but here are two: Harassment by co-workers is still prevalent and that a lot of it is going unreported.

2. There are ways to respond to harassment besides filing a claim.

In another article entitled “Six Ways to Respond to Sexual Harassment”, Cosmo provides some tips to its readers. Notably, the first tip is a solid one: Tell the person to stop.  And even more notably, filing a claim isn’t really listed as the best option.  Nevertheless, employers need to remind employees that they should report harassment (and must report it if, as a manager, they hear or see about it.)

3. Technology is a blessing and a curse.

Technology has been great for the workplaces. E-mail allows us to communicate better and faster, for example. But there is a dark side to it as well. The Cosmo article and survey reports 25 percent of the women who were harassed faced lewd texts or e-mails.  For employers, this is a constant reminder that your systems still need monitoring and employers ought to be reminded about what is (or is not) appropriate.

 

 

While the temperature hasn’t felt like summer in Connecticut the last few days, judging by the traffic this morning, there are lots of you on vacation this week.

If you’re one of the (un)lucky ones working this week, perhaps you have a few extra minutes to tackle some projects that have been on the back burner.

In the human resources and employment law arena, here are a few easy steps you can take this week to get yourself into compliance with some easy-to-miss employment laws.

1.  Apply for a Waiver of Weekly Pay Requirement

Connecticut requires that all employees be paid on a weekly basis.  Employers can pay employees on a bi-weekly (or sometimes, semi-monthly) basis only upon receiving approval from the Connecticut Department of Labor.  How so? According to the CTDOL:

A letter or completed request form found on our website should be sent to the Director of Wage and Workplace Standards Division describing the reason for the change and desired frequency. Most employers request a biweekly payroll for hourly employees covered by overtime requirements. A 30‐day notice is required to all affected employees.

Action: Fill out that form (or write the letter) today using this link.

2. Set up Sexual Harassment Prevention Training

Connecticut requires all employers of 50 or more employees, to provide ” two hours of training and education to all new supervisory employees of employees in the State of Connecticut within six months of their assumption of a supervisory position.”

What that really means is that most employers should be running sexual harassment prevention training for supervisors twice a year.  In reality, some employers just forget or try to wait until there’s a critical mass.

Action: Contact a provider of sexual harassment prevention training.  The CBIA offers such training on a regular basis and so does my firm, Shipman & Goodwin.  I’ll be doing one on October 2, 2014. I’d love to see you there. 

3. Make Sure Your Payroll Records are Kept Onsite … Or Seek a Waiver

Another overlooked law is the one requiring that employers keep the payroll records at the place of employment. For employers with multi-state locations, this can be a challenge.  As Connecticut states:

Under section 31‐66 of the Connecticut General Statutes, the employer shall maintain for 3 years at the place of employment a record of hours worked and wages paid to each employee. The employer can submit a request through our website or by letter to the Division and permission may be granted to keep records at another location. Out of state businesses may receive permission if the records call [Editor’s Note: “Can?”] be made available within 72 hours.

Fortunately, the Connecticut Department of Labor has a waiver form that can be easily filled out online here.

Action: Check to see where your payroll records are kept. If necessary, seek a waiver from Connecticut Department of Labor.

Just because it’s the Dog Days of Summer doesn’t mean you can’t get anything done. Get to it.

I’ve long since preached about the need for ongoing sexual harassment prevention training.

My new firm, Shipman & Goodwin LLP has a series of trainings scheduled that should hopefully fit your schedule if you or your employees have a need for such training.

The next one is scheduled for August 27th in Hartford from 7:45-10a.  Full details are available here. 

The cost is just $50 per person and each person who attends will receive a certificate upon completion.

If you’re interested in signing up, you can register here.  And if you’re going, please don’t hesitate to introduce yourself to me personally.  Its being led by one of my capable colleagues.  See you then.