That training emphasized the company's concern about harassment, explained the complaint policy and the importance of bringing concerns to those designated in the policy. Therefore, all employees, including the plaintiff, should have known how to raise a complaint. The plaintiff had gone to the training and received the policy. Even if the plaintiff's own supervisor was creating the hostile environment or took little action, the plaintiff clearly had knowledge that the harassment policy had other available routes which she could use to address the situation. Therefore, her failure to use the company's process was fatal to her suit.
Employers now have an effective and easily achieved defense for harassment cases.
Explanation of what harassment is. Copy of the policy and how it works. Opportunity to raise questions. Signature by each employee verifying attendance at training and receipt of policy - place the signature form in each employee file. Remember new employees - easily addressed during orientation.