NO TRAINING = NO AFFIRMATIVE DEFENSE

Employers may automatically lose the opportunity to establish an affirmative defense to harassment and discrimination claims by failing to train employees and supervisors.

Cases regarding training and the affirmative defense:

   Elmasry v. Veith, 2000 U.S. Dist. LEXIS 340 (D.N.H. 2000)
Court held affirmative defense not available where company only provided "one training seminar, a portion of which dealt with sexual harassment."

   Gordon v. Southern Bells, Inc., 67 F. Supp.2d 966 (D. Ind. 1999)
Court found policy on its own not enough to establish affirmative defense - training required.

   Nuri v. PRC, Inc., 13 F.Supp.2d 1296 (M.D. Ala. 1998)
Employer failed to establish affirmative defense even though it had a "comprehensive, vigorously enforced policy" against harassment, because employee proved policy was not well-known by employees.

   Harrison v. Eddy Potash, Inc., 158 F.3d 1371 (10th Cir. 1998)
No affirmative defense available to employer where employees were not familiar with policy because of lack of training.

   Wal-Mart Stores, Inc. v. Davis, 979 S.W.2d 30 (Tex. App. 1998)
Although company had policy against harassment and conducted "occasional" training, employer was unable to establish affirmative defense.

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