But such trainings are required for an agency to show it has an effective anti-harassment policy— not just for sexual harassment but harassment based on race, color, national origin, age, religion, sexual orientation, & disability. 2/
The Supreme Court held in the Faragher/Ellereth cases in 1998 that an employer may escape liability in certain harassment cases by proving 2 things. First, it took reasonable steps to prevent and promptly correct sexual harassment in the workplace. 3/
Second prong of Faragher/Ellereth is the employee needs to prove the employee unreasonably failed to take advantage of the employer’s system designed to prevent and correct harassment. 4/
This is why companies and the federal government have anti- harassment and diversity training. It enables an employer to show it took preventative measures to stop harassment. Also the trainings typically educate employees about complaint processes. 5/
By curtailing these trainings, or watering them down, we will see an uptick in harassment cases in the federal government where no defense can be proffered by the Agency. No training, no Faragher/Ellereth defense. 6/
Talking about unconscious bias and systemic racism is, of course, a truthful and excellent way to educate people about how racism has impacted their actions and beliefs. Pretending racism isn’t there will just perpetuate it. 7/
You can follow @CathyHarrisDC.
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