Can Distributing a Code of Conduct Meet the Training Requirements?
No. The Federal Sentencing Guidelines specifically reference the need to proactively communicate the organization’s ethics and compliance program by “conducting effective training programs.” Clearly, distributing a Code of Conduct, whether electronically or in hard copy, does not amount to an effective education program. Once again, given the relative infancy of the FSG requirements, employers can be informed and guided by the historical data and information regarding employment law training requirements. Following landmark decisions by the US Supreme Court in 19986, and specific training guidelines from the EEOC in 19997, there is a mountain of case law showing that distribution and even tracking of policies is not enough to meet a training requirement. Employers with more than 200 employees should be particularly aware of the formality of the FSG’s training requirement. While small employers (<200 employees) may provide training through less informal means ( i.e.
