Overview: Employee training and development can be an invaluable tool in providing supervisors opportunities for growth, leading to a long, successful tenure at the organization. Supervisor training should include additional subjects to those included in the training of a typical employee.
Although many employers may be tempted to invest in ready-made "off-the-shelf" programs, supervisor training should focus on internal policies and procedures, as well as a wide spectrum of employment laws and regulations. Therefore, a more customized approach should be taken in fashioning supervisor training, with a view toward minimizing overall liability concerns. However, nonharassment and nonretaliation training should continue to be a priority for supervisors across the industry spectrum.
Trends: Supervisors and managers have been targeted by regulatory enforcement agencies in the course of workplace investigations, resulting in potential personal liability for these individuals. In addition, certain federal and state laws permit employees to file claims against their supervisors or managers in certain circumstances. Therefore, supervisors should receive adequate training to respond to employee complaints and to avoid behaviors posing greater personal liability. Recurring training, such as providing a sexual harassment prevention refresher every two years (whether or not the training is mandated by a state, such as California), keeps these issues top-of-mind and allows for discussion on related management challenges and best practices.
Author: Marta Moakley, JD, Legal Editor
Updated to reflect forthcoming amendments to sexual harassment training requirements, human trafficking awareness training for certain transportation and hospitality employers and education and training requirements for talent agencies.
Updated to include New York requirements, effective October 9, 2018; forthcoming Delaware and New York City training requirements; and amended California requirements.
In-depth review of the spectrum of Delaware employment law requirements HR must follow with respect to training and development.
Updated to reflect amendments to regulations addressing sexual harassment prevention training for supervisors, effective January 1, 2018.
Robin Shea, a partner with the labor and employment law firm Constangy, Brooks, Smith & Prophete, LLP, discusses the importance of having well-trained front-line supervisors, and what effective supervisor training should include.
As recommended by the Maine Department of Labor, covered employers should use the Maine Sexual Harassment Education and Training Checklist Form to develop a sexual harassment prevention training program.
This Worked Example illustrates how HR may measure the return on investment (ROI) of a sexual harassment prevention program.
This briefing for supervisors examines the law and best practices for managing issues related to employees seeking family military leave under the Family and Medical Leave Act (FMLA).
HR guidance on the legal risks and benefits regarding supervisor training programs.