At The Podium
Failure to train
Paul A. Ross
Joshua W. Solberg
It’s one thing to know what the law requires and what actions should be taken to ensure legal compliance. But what if you miss out on a step or two? Can certain mistakes or failures to take action be swept under the rug, or are they likely to catch up to you in the form of a lawsuit, financial penalty, audit or formal investigation?
In their presentation titled “Failure to train,” McAfee & Taft labor and employment attorneys Paul Ross and Josh Solberg discuss the importance of establishing a comprehensive training program – not only as a means to ensure a productive and legally compliant workplace, but also to demonstrate a “good faith effort” to comply with the law and to take advantage of crucial legal defenses in the event an employee does file a lawsuit. The presentation includes an overview of the Faragher/Ellerth and Kolstad defenses, a discussion on what it means to prove “good faith efforts” in a lawsuit, and an analysis of several case studies in which employee training – or a lack thereof – affected the outcome in court.