So what does all this mean for employers?  Now is not the time to let up on your legal compliance efforts.  If anything, double down on training your workforce (particularly supervisory level employees).  A couple of comprehensive sessions on preventing workplace discrimination and harassment are a great place to start.

A friend of mine traveled to Chicago last weekend.  There was a major winter storm going on and the plane actually turned back to Cleveland three times before eventually landing safely at O’Hare.  Passengers were understandably anxious.  The normally 45 minute flight took about five hours in total, including a couple of de-icing episodes.  My friend relayed that the pilot happened to be a woman.  She overheard a few male passengers loudly complain to the flight attendants (also female) about the pilot’s gender.  ”Why is a woman flying this plane?” one demanded to know.  One flight attendant in particular defended her sistren, claiming she was one of the airline’s top pilots.  Sure enough, when it came time to land, the pilot maneuvered the plane so expertly that my friend did not even realize they had touched down.  As the passengers exited the plane, many stopped to thank the pilot for her good work, including the obstreperous male passenger, who apologized for his remarks.

What do I make of this anecdote?  Stereotypes persist, whether subtle or overt.  The best way to deal with them is head on.  In other words, train: respect in the workplace training is a great investment, as it raises awareness in an engaging, non-threatening way.

A number of facts in this case are troubling: the conduct itself and the employer’s non-existent response, for starters.  The half million dollar verdict could have easily been avoided with a few key best practices: train employees on appropriate behavior in the workplace; train supervisors on dealing with harassment issues; and investigate and respond to allegations, including those less common male-on-male harassment claims.  Easy-peasy.

The defendant owned an IHOP franchise in Racine, Wisconsin.  It implemented a “zero tolerance” harassment policy and provided training for all its employees.  The training consisted of showing all new hires a video on sexual harassment, handing them a copy of the harassment policy, and asking them to read and sign it.  In denying the employer’s claim that it did all it could have done to maintain a harassment-free workplace, the court noted “although management was required to take sexual harassment training, the evidence at trial suggested that the training was inadequate.”

So what does this mean for you?  It’s absolutely essential for employers to train managers on harassment prevention.  Regularly.  But not every attempt to “train” will pass judicial muster (or that of a jury).  A videotape will not always be insufficient, but it’s certainly not a best practice.  Get a qualified trainer (such as myself) and invest in some live, interactive, customized sessions.  Not only will you have a defense if you get sued, your chances of ending up in court go down dramatically, since your managers will know what they need to do to prevent or stop harassment in the workplace.  Nuff said.