At The Podium

Failure to train

Date: April 30, 2015

Event: EmployerLINC 2015: Case studies in costly mistakes

Venue: National Cowboy & Western Heritage Museum

Location: Oklahoma City, Oklahoma

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 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.


Paul A. Ross