Helping Clients Avoid Workplace Harassment Headaches

Though workplace harassment is a sensitive subject, all businesses should be aware of it and plan to mitigate incidents because it may occur more often than employers realize.

Between fiscal years 2018 and 2021, the U.S. Equal Employment Opportunity Commission (EEOC) received over 98,000 charges alleging harassment under any basis and over 27,000 charges alleging sexual harassment.

To protect workers, some states have laws requiring employers to offer harassment training. This helps employees understand what is considered appropriate behavior in work situations and prevents unwanted actions before they happen. That said, busy clients might be unaware of the rules on the books, while others may simply not know how to set up training or what needs to be included.

In this overview, we’ll cover where harassment training is required, the subject matter that training programs typically must include, and some reasons it can make sense to discuss this topic with your clients.

Where is harassment training required?

Like workers’ comp insurance and state—sponsored retirement plans, rules vary depending on where a business is located. For example, in New York State, the law requires almost every employer to provide employee training. On the other hand, Delaware requires it for businesses that have 50 or more employees on staff.

Even though some states lack laws, many still highly recommend that businesses consider implementing a policy to protect the workplace and prevent issues. If you are wondering if you have a client who does business where this type of employee education is required, here's more information on harassment training requirements by state.

How do businesses know what the training should cover?

The content that training must cover varies slightly depending on the business's location, as states that mandate it have subtle differences. That said, some states share similarities.

For example, Delaware, Illinois, and New York require training that includes a definition of sexual harassment. There may also be different periods of time individuals are required to participate. In California, those in a supervisory role must receive two hours of training, while employees in non—managerial roles are supposed to receive an hour. On the other hand, all employers in Connecticut are supposed to provide two hours of training, no matter the individual’s role.    

Why bringing this topic up can make sense for accounting professionals

OnPay’s research found that over 80% of small businesses consider the accounting firms they work with to be trusted advisors they can contact for business advice. Here are some reasons why scheduling time to discuss harassment is beneficial.

Clients may be unaware of compliance rules

Businesses that disregard mandates, whether intentionally or unintentionally, risk drawing unwanted attention that could—and probably would—otherwise be avoided.

For example, in California, failing to provide required training can be used as evidence against the employer in sexual harassment lawsuits. The state of Illinois approaches violations a little differently, as penalties for not offering sexual harassment training start at $500 per employee and go up from there.

Compliance check—in

In a separate survey, OnPay found that over 70% of accountants aim to offer more services to their existing client base. It could be worth scheduling a once—a—quarter “compliance chat” to see if anything needs to be addressed.

During these conversations, you can get your clients up to speed on training requirements, share additional new services you’re offering, or come up with a fee everyone can agree on to take some of these compliance—related tasks off their plate.

Help clients problem—proof the workplace

Clients in states without a harassment training mandate who simply want to create a safe, engaging workplace free of incidents—and protect themselves from liability for harassment suits—may appreciate knowing that training is something they can provide. It can be another way for employers to show that they proactively take curbing workplace harassment seriously.

By helping clients understand the nuances and get the rules right, they’ll likely appreciate the guidance.

Mandates can help cultivate client relationships

Though a difficult subject, understanding the fundamentals of sexual harassment training can be beneficial to discuss with your practice's clients. On one hand, business owners may not have time to stay apprised of all of their state’s requirements.

Those who prioritize employee safety may understand that this type of learning is valuable, but be unaware of how to set it up. Accounting professionals who want to offer more value to clients or are looking for ways to grow their firm can use training knowledge to start conversations with clients and cement their reputation as trusted advisors.

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