By Scott I. Unger and Cory A. Rand, attorneys with NJ-based law firm Stark & Stark (www.stark-stark.com)

If your company isn’t already conducting annual Anti-Harassment and Anti-Discrimination Training for your workforce, there’s no better time to start than now.

In New Jersey, while Anti-Harassment and Anti-Discrimination Training may not be required, it is strongly encouraged by the Equal Employment Opportunity Commission. It is also encouraged by the state courts as it can help provide an affirmative defense to harassment and discrimination claims brought by employees. The New Jersey Supreme Court has held that in determining whether an employer is liable for co-worker harassment, courts will examine factors such as whether the employer had provided anti-harassment training. According to the New Jersey Supreme Court, anti-harassment training “must be mandatory for supervisors and managers and must be available to all employees of the organization.”

Certain states, like California, Connecticut, Delaware, Illinois, Maine, and New York, have statutes requiring sexual harassment training, as do Chicago and New York City. What does this mean? If you are an employer and have employees situated in any of these jurisdictions, you must provide appropriate HR and Anti-Harassment Training to your employees. This training must be performed annually in New York and New York City.

Similarly, if it doesn’t have one already, your company should have up-to-date policies and procedures on equal employment opportunity, anti-harassment, anti-discrimination and anti-retaliation, disability accommodation, religious accommodation, pregnancy accommodation, workplace safety, conflict resolution, codes of conduct, and grievance procedures regarding the same. These policies and procedures form the first line of defense against any employee harassment, discrimination, or retaliation claim, and, like Anti-Harassment Training, the lack of these policies and procedures in place can expose your company to significant liability.

About Stark & Stark:
Since 1933, Stark & Stark (www.stark-stark.com) has developed innovative legal solutions to meet our clients’ needs. Boasting one of the oldest law practices in New Jersey, Stark & Stark offers a full range of legal services for businesses and individuals. After 90 years, our attorneys continue to deliver practical, efficient solutions to clients in New Jersey, Pennsylvania, New York, and throughout the United States.