SmartMoves for Law Firms
and Corporate Legal Departments:

Your Best Shield Against Liability.

The U.S. Supreme Court has established a two-part defense to liability for claims of employment-related harassment. Under many circumstances, employers can shield themselves from liability if: 

  • They exercise “reasonable care” to prevent and respond to prohibited workplace harassment by having an effective anti-harassment program, and
  • The claimant unreasonably fails to utilize the available reporting procedure.

Anti-harassment training helps to demonstrate that an employer has taken reasonable care to prevent workplace harassment. Simply having an “Anti-Harassment Policy” is not sufficient in the minds of the courts. Anti-harassment training is critical to establishing your organization has an effective anti-harassment program.  

Seeing an unmet need, Deborah Weinstein developed SmartMoves® for Law Firms and Corporate Legal Departments especially for legal employers and their workforces: partners, associates, general counsel, secretaries, paralegals, and mailroom and other administrative staff. Your attorneys will obtain sophisticated legal analysis and understanding of the applicable law together with instruction concerning the conduct required by your anti-harassment policy. Your non-attorney employees will learn about your firm’s policies and procedures and gain an understanding and appreciation of the diversity of the contemporary legal workforce.

SmartMoves Anti-Harassment training educates your entire workforce about conduct required by your organization’s anti-harassment policy and by applicable laws. It promotes greater understanding, sensitivity, and appreciation of differences among employees and encourages everyone to avoid conduct that needlessly offends anyone. Its curriculum includes a discussion of communication skills and respect at work. The goal of the program is to give the participants the skills and understanding to deal more effectively with these issues in a professional manner.

 Anti-harassment training is critical to establishing that your firm or legal department has an effective anti-harassment program in place. Simply having an anti-harassment policy is insufficient in the minds of the courts. If a harassment complaint is made, the effectiveness of your training program and objectivity of the trainer may be scrutinized. An independent trainer is a valuable asset in showing that your organization exercised reasonable care while an in-house trainer may be a witness in an investigation or in litigation arising from alleged harassment. Also, sensitive subjects may be discussed in sessions, making an open discussion difficult where the trainer is part of the firm.

Not just sexual harassment training.

SmartMoves goes beyond typical sexual harassment training. Harassment based on age, race, religion, disability and national origin are also prohibited by federal law. Many state and local laws also prohibit discrimination and harassment based on sexual orientation, marital status, and other characteristics. Our approach focuses on how to avoid all the harassment pitfalls of the 21st century world of work

How SmartMoves works.

Sessions will use your organization’s anti-harassment policy as a starting point to show how to recognize prohibited conduct, understand the consequences of engaging in such conduct, and use your organization’s complaint procedure if harassment should occur. Your supervisors will also learn how to respond to alleged harassment to avoid legal liability. And owners and board members will receive targeted training that includes more depth about the law, risk control to ensure that policies and procedures comply with the law, fiduciary duties, vicarious and potential individual liability, and how to treat harassers and alleged harassers.

© 2017 The Weinstein Firm, LLC. d/b/a The Weinstein Firm