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Online Marketing Training Key to Online Success!

Online marketing is defined from Wikipedia as the selling of products on the internet.Also known as Internet marketing or web marketing,online marketing is used by companies selling goods and services directly to consumers as well as those who operate on a business-to-business model. Online marketing is often
related to public relations, customer service,sales and information management.Online marketing is often not more than an approach to achieving high affinity to a target group, so that high losses due to non-selective advertising may result. Online marketing is a billion dollar industry that is fast overtaking traditional means of advertising in that online marketing is a cheap and easy way of marketing .

Online Marketing is finding a very important place in the budgets of all types of businesses,across the globe. At the same time it poses a unique set of challenges. One of the key challenges is lack of trained and experienced online marketing professionals. Online marketing employs different techniques to those of traditional marketing. As with any product or service,however, not all online marketing services are created equal. A well thought through online marketing strategy demands thorough understanding of internet marketing. As you most likely know,many online marketing consultants and agencies claim to have the answers to your internet marketing problems. whether you call it internet marketing, web site promotion, online marketing,link building or search engine optimization,it all boils down to one thing bringing you qualified visitors to your website,and that translates into more business for you in terms of sales.

Online marketing regardless of the exact method a company chooses to use, offers several benefits. In addition Internet marketing allows even the smallest of companies to compete in a global marketplace. As many business
owners have found,not having a business website or not promoting their business website effectively means their venture may as well invisible. Putting a business website in these places will be like having a store front that is open to customers all day,every day without fail.

No matter the choice, online marketing is for funneling customers and clientele right onto a business' doorstep No matter what the trade ,online marketing is a tool that is absolutely essential when it comes to getting a business to the fore front of action.Online marketing is finding a very important place in the budget of all types of businesses across the globe. Since the Internet has now become a primary tool for the delivery of information,businesses of all sizes are using online marketing to increase awareness of their goods and services.What you need at this point in time is a proven training system to make sure that you learn what it takes to be a successful online marketer.
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Department of Employment Generation and Training

It is to understand nomenclature has changes not the ACT of 1959
Employment Department, Punjab has changed its name from Department of Employment Punjab to Department of Employment Generation and Training, Punjab.

After the 2nd world war in 1945, for orderly absorption of the released service personnel and other war workers; the need for an organisation to handle this complex problem in a uniform manner was felt and in July, 1945 “Directorate General of Resettlement and Employment " was set up

In 1947, after partition of the Country this Directorate was entrusted the job of resettlement of a large number of displaced persons (refugees).

In early 1948, the Employment Exchanges were thrown open to all categories of applicants which required transition of Employment Service from a resettlement agency to an all India placement organisation.

On 1-11-1956 the day to day administration of the Employment services was handed over to the state governments. So now the Employment service is the joint concern of the Central and State Governments where the Central Government formulates national policies, standards and procedure to be followed by the Employment Exchanges in the states; coordinates the work of the Employment Exchanges in the states; plans and formulates programmes for expansion and development of the services; conducts training programmes for employment officers and other such works which are required for the betterment of these services whereas State Governments fully control the Employment Exchanges in their respective states.

In 1959 The Employment Exchanges Compulsory Notification of vacancies Act was enacted by the Parliament and after notification of its rules, it came into force from 1-5-1960. Under the provisions of the Act all the establishments in the public sector and all the establishments in the private sector normally employing 25 or more workers are required to notify their vacancies and also render quarterly and biennial returns to the Employment Exchange of their area.

Creation of new Department of Employment Generation A new Department of Employment Generation and Training has been carved out of the Department of Labour and Employment vide Govt Notification No. 18/16/2007-GC(2)/7219 Dated 11-04-2007 and 31-07-2007 with the following main objectives:

To develop a vision, strategy & policy framework for employment generation & training
To suggest measures to derive synergy of the plans and programmes of various departments working directly or indirectly for employment generation and vocational training. To advise on institutional and organizational mechanism for effective implementation of the action plan for employment generation and the vocational training to make the youth really employable by enhancing their skills and competencies. To regularly plan, implement, monitor and oversee employment generation action plans in the State and advise on the future steps to be taken. To facilitate manpower planning and vocational training in all the key sectors of the economy. Bringing out critical gaps in various services sectors and facilitate addressing these gaps as per the requirement of the national and international market.
To identify and advise on the regulatory aspects of job oriented training policies. Facilitate establishing more job oriented vocational institutions in the Public Private Partnership Mode in line with the requirement of skilled manpower and enhancing the capacity of the existing institutions. Harnessing the potential of various self help youth groups and educational organisations of repute.

Present Functions of the Employment Department:   1. Registration of job seekers for placement against notified vacancies. 2. (a) Providing education and vocational information to students, applicants and parents. (b) Collects compiles and disseminates information about various self employment schemes being offered by various departments of the state. The Employment Officer identifies and motivates candidates from the Live Register for adopting self employment as a way of life. (c) Prepares and distributes career literature free of cost to schools, colleges and libraries. Available career literature in English language is also translated into regional language for its better understanding at the grass root level. 3. Under the Employment Market Information programme information of the manpower market is collected and compiled for state and national level planning. 4. The department works for the implementation of various sections of The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. 5. Disburses unemployment allowance to Educated Unemployed applicants registered with the employment exchanges with specified terms & conditions as per “The Punjab Payment of Unemployment Allowance to Educated Unemployed Persons Rules – 1978”. 6. Provides employment assistance and guidance to persons desirous of going abroad through its Overseas Employment Cell. 7. A special employment exchange provides employment services to disabled persons by approaching employers and motivating them to employ physically challenged but otherwise eligible applicants. 8. Implements employment related sections of "Persons With Disabilities Act 1995". New functions and roles of the Department In addition to the present functions, the Department will be performing following new functions:
i) Enhance the employability of Punjab Youth by improving their Vocational and soft skills
ii) Vocationalisation of education system at school and college level and to facilitate Vocational training for school drop-outs and informal sector
iii) Promote Entrepreneurship and self-employment
iv) Prepare Punjab Youth, through rigorous trainings, for employment in Defence services and other jobs based on competitive examinations.
v) Fully prepare Punjab youth for overseas opportunities through enhancement of vocational skills and foreign language skills and by providing emigration assistance.
vi) Upgrade Existing Employment Exchanges to Electronic Employment & Training Bureaus
vii) To make available some of the employment services through Suwidha Centres at District/Subdivision level and Kiosks at village/ town level.
viii) Every University, deemed university and selected institutions to be notified as an e-employment exchange in their respective areas to make their services easily accessible.
ix) Conduct Manpower Survey and Job Survey to assess skill and competency gaps.
x) Vocational Awareness, Counseling and Guidance to Punjab Youth, administering profiling tests.
xi) Identification, Fine Tuning and Design of Training programmes.
xii) Apprenticeship training to be effectively administered and monitored
xiii) Active involvement of C-PYTE in every district for training of youth is important.
xiv) Make it compulsory for all the institutions and selected schools to establish at least 20% to 30% seats on Vocational Education by addition/ conversion
xv) Examination and certification of training and skills
xvi) Liaison for placement of Youth with corporate, recruitment agencies
xvii) Organise Job festivals, job melas, seminars, conferences etc. for job placements
xviii) Foreign Training and Employment Bureau for providing employment assistance, guidance, and training to the Punjab Youth desirous of going abroad for employment and business opportunities in the foreign countries like Canada, USA, Europe, Australia, Middle East etc.
xix) Liaison with foreign manpower ministries and employers
xx) Check on the activities of unregistered agents.
xxi) Pre-Departure cum orientation programme.


B.Sc.(Med.), B.Ed., M.A.(Edu.), M.Litt.(Edu.), Ph.D.(Edu.Psy.)PGDCA. Served as Science Master, Employment Department as Vocational Guidance Officer. Retired from Employment Department, Punjab India as Dy. Director (Off.) Serving now Arihant Computer Center and Many Medical Hospitals such as Sadbhavna Medical & Heart Institute.

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It is well established now under federal Title VII law that an employer is liable for actionable sexual harassment caused by a supervisor with "immediate (or successively higher) authority over the employee."  However, in cases where the employee does not suffer a "tangible employment action," such as discharge, demotion, or an unfavorable reassignment, there is an affirmative defense that an employer may raise to avoid Title VII liability and damages.  

Under such affirmative defense whether an employer has an anti-harassment policy is relevant evidence.  Also important is effective supervisory training and training of employees on the harassment policy and complaint procedure.

Training and educational programs for all employees take on an even higher degree of importance under Hawaii state law, HRS Chapter 378.  State law currently is interpreted by the Hawaii Civil Rights Commission (“HCRC”) as mandating strict liability for sexual harassment committed by supervisors. 

While the Hawaii Supreme Court has not addressed the HCRC’s interpretation of HRS Chapter 378 a recent Illinois Supreme Court decision upheld a Illinois Human Rights Commission ruling addressing a regulation similar to the HCRC’s--that an employer was strictly liable for a supervisor’s harassing conduct under Illinois state law even though the supervisor did not even have direct supervisory authority over the Complainant.

The April 16, 2009 Illinois decision will certainly be persuasive authority to a Hawaii Supreme Court faced with interpreting the HCRC’s regulation.  Accordingly, it is critical that Hawaii employers understand the importance of having an effective policy and company-wide training program on not only a defense to a sexual harassment claim, but prevention.

I.          The Importance of Having an Effective Harassment Policy

A.                The Faragher/Ellerth Defense

Having an effective sexual harassment policy and training program will greatly increase the chance of avoiding liability under the affirmative defense for sexual harassment claims recognized by the U.S. Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (“Faragher”) and Burlington Industries v. Ellerth, 523 U.S. 742 (1998) (“Ellerth”). 

Where alleged harassment by a supervisor does not culminate in an adverse (“tangible”) employment decision, the employer may avoid liability by showing that: (1) the employer exercised reasonable care to prevent and promptly correct any harassing behavior; and (2) the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm.  "A tangible employment action constitutes a significant change in employment status such as hiring, firing, failing to promote, reassignment with significantly different responsibilities or a decision causing a significant change in benefits."  Ellerth, supra.

The importance of the Faragher/Ellerth defense was significantly increased by the U.S. Supreme Court's decision in Pennsylvania State Police v. Suders, 542 U.S. 129 (2004), which held that the defense is available in constructive discharge cases unless the plaintiff quits in a reasonable response to an employer-sanctioned adverse action of an official nature, such as a demotion or a cut in pay.

A zero-tolerance harassment policy must fit the environment and employees.  The Ellerth court stated:

While proof that an employer had promulgated an antiharassment policy with complaint procedure is not necessary in every instance as a matter of law, the need for a stated policy suitable to the employment circumstances may appropriately be addressed in any case when litigating the first element of the defense.  The policy should be written in plain English, so that all employees regardless of their educational level or background can understand it ... [a] policy should include a clear and precise definition of unlawful harassment so that employees know what type of conduct is prohibited by the policy and will be able to recognize that conduct should it occur.

Accordingly, if the alleged harasser has supervisory authority over the victim, the employer will be held automatically liable for any harassment committed by the supervisor unless the employer is able to successfully raise the affirmative defense. 

B.        Tips On Drafting a Zero-Tolerance Policy and Complaint Procedure. 

(1)               Write in simple English.

(2)               Include a clear definition and examples of prohibited conduct and make it broad enough to prohibit all forms of harassment.

(3)               State the company’s "zero-tolerance" philosophy in the policy regarding all forms of harassment,

(4)               Designate at least two specially trained managers who will be responsible for investigating harassment complaints for the company. 

(5)               Determine the complaint procedure that will be used to investigate complaints of harassment by supervisory employees, co-workers and outsiders. 

(6)               Provide a "clear chain of communication," allowing employees to step outside of the normal hierarchy in the event the supervisor is the harasser and consider having a toll-free number employees can call.

(7)               State that employees who report prohibited conduct will be protected from retaliation.

(8)               State that the employer will promptly investigate the matter in an objective and discrete manner.

(9)               Provide the form of disciplinary action to which offenders can expect to be subjected.

(10)           State that the employer will also take remedial action.

(11)           Train your management employees and line employees on the policy and procedure. 

(12)           Have each employee sign an acknowledgment form that they have received a copy of the policy and procedure, and that they have received training on the harassment policy. 

C.        The Faragher/Ellerth Defense and Hawaii Law

Like Title VII, the Hawaii Employment Practices Act prohibits discriminating against individuals in virtually all aspects of employment.  However, it remains an open question whether an employer, under Hawaii state law, can assert the Faragher/Ellerth affirmative defense. 

Currently, under regulations promulgated by the HCRC, the state agency charged with the enforcing and interpreting Hawaii’s Employment Practices Act, strict liability would apply to a supervisor’s harassment of a subordinate regardless of whether tangible action is taken:

§12-46-109 Sexual harassment.

(a)        Harassment on the basis of sex is a violation of chapter 378, HRS. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual forms of harassment of a sexual nature constitute sexual harassment when:

(1)        Submission to that conduct is made either explicitly or implicitly a term or condition of an individual's employment; or

(2)        Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual; or

(3)        That conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

(b)        In determining whether alleged conduct constitutes sexual harassment, the commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.

(c)        An employer shall be responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden, and regardless of whether the employer or other covered entity knew or should have known of their occurrence. The commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acted in either a supervisory or agency capacity.

(d)       With respect to conduct between employees, an employer shall be responsible for acts of sexual harassment in the workplace where the employer or its agents or supervisory employees knows or should have known of the conduct and fails to take immediate and appropriate corrective action. An employee who has been sexually harassed on the job by a co-worker should inform the employer, its agent, or supervisory employee of the harassment; however, an employee's failure to give such notice may not be an affirmative defense.

D.        Problem Areas for Employers

* Inadequate complaint procedure

* Failure to disseminate policy

* Employer on notice of harassment

 * Failure to promptly investigate

 * Failure to take appropriate disciplinary action

 * Failure to apply it even-handedly

 * Failure to review and revise when necessary

 * Failure to provide training

E.         Illinois Supreme Court Decision a Foreshadowing of Hawaii Law?

In Sangamon Cty Sheriff’s Dep’t v. The Illinois Human Rights Comm’n, Nos. 105517, 105518 cons. (Ill. Apr. 16, 2009), decided on April 16, 2009, the Illinois Supreme Court gave the HCRC direct support of the HCRC’s own interpretation of HRS Chapter 378.

The Sangamon decision holds Illinois employers strictly liable for sexual harassment by any of their management or supervisory personnel, and, as noted by the dissent, “imposes a standard of liability which appears to be without precedent in any jurisdiction of the United States.”

In that case employee Feleccia filed a sexual harassment claim against employer Sangamon County Sheriff’s Department and Ron Yanor, who was a supervisor, but was not Feleccia’s direct supervisor.  The Illinois Human Rights Commission ruled that the Sheriff’s Department was strictly liable for Yanor’s conduct under the Act because Yanor was a supervisor. The Illinois appellate court reversed, and Feleccia and the Commission appealed to the Illinois Supreme Court.

The Illinois Supreme Court reversed and confirmed the Commission’s decision. In a 4-2 ruling, the Illinois Supreme Court agreed that the Sheriff’s Department could be held strictly liable in such circumstances.  The basis of the decision was the plain and ordinary meaning of the statute, which states that “an employer shall be responsible for sexual harassment of the employer’s employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.”

According to the Court, the statute is unambiguous” and only excludes “nonemployees” and “nonmanagerial or nonsupervisory employees” from its strict liability standard.  As such, the Court found “[t]here is no language in the Act that limits the employer’s liability based on the harasser’s relationship to the victim.”  The Court rejected the employer’s argument that federal case law should apply to the case.

II.        The Importance of Conducting EEO Training

Of course, in Hawaii the HCRC has merely interpreted HRS Chapter 378’s statutory language to impose strict liability for supervisory harassment.  Unlike the Illinois statute interpreted by the Illinois Supreme Court it is reasonable to argue that Hawaii statutory law is ambiguous and not straightforward. 

Nevertheless, the HCRC is charged with the interpretation and enforcement of HRS Chapter 378 and it does not bode well for Hawaii employers that another state’s high court is willing to impose what some would consider harsh penalties on the employer defendant.  Accordingly, employers in Hawaii should redouble its efforts to train supervisors AND employees regularly on preventing discrimination and harassment in the workplace.  Training should include the consequences of violating company policy.

Training employees reduces the likelihood that inappropriate conduct will be engaged in or tolerated at a level that can create a hostile environment.  See Arquero v. Hilton Hawaiian Village, 104 Hawai’i 423, 91 P.3d 505 (2004) (coworker pinched buttocks of the plaintiff on two occasions); Nelson v. University of Hawai’i, 97 Hawai’i 376, 38 P.3d 95 (2001) (verbal harassment).

Second, in the event that inappropriate conduct takes place, employees who are offended will be substantially more likely to use the employer's complaint procedure, thereby permitting the employer to remedy the situation and avoid having a lawsuit filed against it.

Lastly, training is a tool for prevention and reducing the potential of supervisory harassment.

A.        Training as a Tool for Prevention

The EEOC's Policy Guidance on Sexual Harassment states:

An employer should ensure that its supervisors and managers understand their responsibilities under the organization's anti-harassment policy and complaint procedure. Periodic training of those individuals can help achieve that result.  Such training should explain the types of conduct that violate the employer's anti-harassment policy; the seriousness of the policy; the responsibilities of supervisors and managers when they learn of alleged harassment; and the prohibition against retaliation.

The HCRC regulations state that “prevention is the best tool for the elimination of sexual harassment.  Employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue of sexual harassment, and take any other steps necessary to prevent sexual harassment from occurring.”  §12-46-109(g).

As part of its settlements against employers, the EEOC and HCRC have chosen mandatory training as one of its primary responses through the use of consent decrees requiring organizations to conduct training and ensure policy compliance.

In 2004, the California Legislature passed Assembly Bill 1825, requiring all employers with fifty or more employees to conduct compulsory sexual harassment training for all of its supervisory employees by January of 2006, thus supporting the EEOC and HCRC’s position that training and education is the best tool for prevention.  Under the California law, the training must re-occur every two years, and all new supervisors brought in after the original round of training must go through the program within six months of their arrival. 

Managers who are aware of the implications of sexual harassment may be less likely to take official action they realize will create vicarious liability for the organization - this may preserve the employer's right to the Faragher/Ellerth affirmative defense in a case of constructive discharge.  Further, managers who are aware of how to proceed with complaints from employees about harassment are more likely to intervene with an appropriate employer response thus making a stronger showing under the first prong of the Faragher/Ellerth affirmative defense.

Finally, as noted throughout this article training can be an effective tool to combat inappropriate behavior by supervisors and to reduce risks under state law—especially to the extent it is interpreted similar to the Illinois Supreme Court’s decision.

B.                 Training and the Faragher/Ellerth Defense

Conducting training will greatly increase the chance of avoiding liability under the Faragher/Ellerth affirmative defense.  The importance of this defense was significantly increased by the Suders decision, which held that the defense is available in constructive discharge cases unless the plaintiff quits in a reasonable response to an employer-sanctioned adverse action of an official nature, such as a demotion or a cut in pay.

The training of rank and file employees should be documented and if it is to be conducted on a regular basis, can include a certification by the employee that he or she has not been subject to any policy violations since the last training.

C.        Training and Damages Issues Under Hawaii Law

Generally, individuals cannot be found liable for violations under federal law.  Under Hawaii law, however, courts may award unlimited punitive and compensatory damages. 

Significantly, unlike under Title VII individuals can be held liable for violations of Hawaii’s Employment Practices Act.  See HRS §378-1 (defining “employer” to include “any person”) and §378-2 (3) (making it unlawful for any “person” to “aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so.”); Schefke v. Reliable Collection Agency, 96 Hawai’i 408; 32 P.3d 52, 93-94 (2001) (holding individuals may be found liable under Hawai’i Employment Practices law).

Thus, training employees may alert them to the financial risks they take when they engage in behaviors prohibited by Hawaii law.

D.        Training to Reduce Exposure to Punitive Damages

In Kolstad v. American Dental Association, the Court held that "in the punitive damages context, an employer may not be vicariously liable for the discriminatory employment decisions of managerial agents where these decisions are contrary to the employer's 'good-faith efforts to comply with Title VII.'"  Accordingly, compliance efforts are both necessary and sufficient to avoid liability for punitive damages.

Roman Amaguin, Esq.;;







Roman Amaguin, Esq. is a employment law lawyer in Hawaii who also regularly practices in the areas of labor law and civil litigation. Mr. Amaguin regularly appears in regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies such as the U.S. EEOC and Hawaii Civil Rights Commission. He understands now is the time for the legal profession to reconsider the manner in which it provides services to the community. Accordingly, flat rate projects and other alternative fee arrangements are always explored with his clients. Mr. Amaguin litigates a wide range of civil cases involving common law and statutory claims. Visit his website at


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