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Category: California Employment Law
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Were putting together a sexual harassment prevention training

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We're putting together a sexual harassment prevention training for NON-supervisors/Managers that will only last 30 minutes. We're familiar with the 4 standards used to identify unlawful harassment: (i.e. the protected categories / the welcomeness standard / severe or persisitent/ and the reasonable person standard. Are these the 4 standards that the courts also use in identifying unlawful harassment behavior? -- would we be remiss to include a 5th standard -- i.e. the Front Page standard -- if you saw your actions written up on the front page of the newspaper would you feel ashamed/stupid, etc. -- or should we stick to the first 4 and forget that 5th one?

When giving sexual harassment training it is also important to include a discussion of Quid Pro Quo harassment. Although it might get less attention and also hopeful occurs less often, it does still happen and should be included in your description of unlawful sexual harassment. The courts will indeed look to see if the behavior was welcome or unwelcome and whether it was severe or persistent and whether given that it was unwelcome an reasonable person would conclude that they had been harassed. The "Washington Post Test" or front page standard as you stated it, really isn't a separate legal standard it is just a consideration for people to evaluate their actions. How would it look on the front page of the news? It is more of a common sense, and somewhat related to the reasonable person standard.
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