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Professor Placed on Unpaid Leave for Refusing to Take Part in Sexual Harassment Training

By Tiffanie Benfer, Esq.

Alexander McPherson is a professor of molecular biology and biochemistry at UC Irvine. He was a recently stripped of his responsibilities and placed on unpaid leave because, as he described in his column “The Sham of Sex Harassment Training” Los Angeles Times, (11/28/08) “I have consistently refused, on principle, to participate in the sexual harassment training that the state and [his] employers seem to think is so important.
See http://www.latimes.com/news/opinion/la-oe-mcpherson21-2008nov21,0,4090949.story

Well, McPherson’s employer is not the only employer to realize that sexual harassment training is important. In fact most public and private sector employers provide sexual harassment training.

What McPherson unfortunately fails to recognize is that the training he describes “as a disgraceful sham” provides a forum for employers to remind employees that conduct that they may not identify as sexually harassing can be perceived by others as sexually harassing. Not all employees have the wisdom to understand that fondling genitals, groping breasts, rubbing up against legs, arms, etc., sharing graphic sexual fantasies, shoving hand down pants, pinning up against wall, making sexual innuendos, soliciting sexual acts, touching genitals in front of them, making lewd references about one’s sexual orientation, and unsolicited exposure to male genitalia is inappropriate for the work place. Unfortunately, employees’ resumes do not reveal to the employer whether they understand what constitutes inappropriate conduct in the work place, and until that day comes every employee must endure sexual harassment training.

While sexual harassment training may not prevent the harasser from harassing, it reiterates to all employees such conduct will not be tolerated. Importantly for employers, an effective sexual harassment policy may help insulate an employer from liability for sexual harassment claims.

It appears Columnist, Radio Commentator and blogger Glenn Sacks agrees with McPherson. In his depiction of McPherson’s stance he indicates “he’s been fired for refusing to participate in feminist sexual harassment training.” Sacks’ need to insert the word feminist in his description of sexual harassment training speaks volumes about what he thinks about sexual harassment training. See http://glennsacks.com/blog/?cat=78. I guess neither man believes that an employer should do everything in its power to prevent women from having to endure inappropriate conduct in the workplace. Thankfully, they are not the voice of management.

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