Sexual Harassment Training: AB 1825

Compliance in 2017

About the Presenters

Douglas KellyLead Legal Writer

EverFi

Ann Norman Vice President - Enterprise Accounts

EverFi

Agenda● AB 1825 Sexual Harassment Training

Requirements Refresher

● Why It Is Still Important to Train

● Trends Impacting the Workplace

● EverFi’s Workplace Harassment Training Overview

June 2016 EEOC Report

Source: Equal Employment Opportunity Commission. (2016, June 20). Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace. Retrieved from https://www.eeoc.gov/eeoc/task_force/harassment/report.cfm#_Toc453686297.

12,600Number of sexual harassment charges in 2015

Source: Equal Employment Opportunity Commission. (2016, June 20). Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace. Retrieved from https://www.eeoc.gov/eeoc/task_force/harassment/report.cfm#_Toc453686297.

4,822Number of sexual harassment charges filed in California in 2015.

Source: Department of Fair Employment & Housing. (2016, June). 2015 Annual Report. Retrieved from http://www.dfeh.ca.gov/files/2016/09/DFEH-2015AnnualReport.pdf.

AB 1825 TRAINING REQUIREMENTS REFRESHER

AB 1825 Milestones● In 2004, California passed AB 1825 which requires employers with

50 or more employees to train supervisors on sexual harassment.

● In 2015, AB 2053 added abusive conduct.

● In 2016, required new training content, recordkeeping requirements.

Who Must Train, Be Trained● “Employer” means anyone who employs 50 or more employees

and/or uses agents of another employer.

● Supervisor ○ Authority to hire, fire, direct duties + independent judgment.

● New Hires○ New supervisors must be trained within 6 months of hire or promotion.

Cal. Gov. Code § 12926; Cal. Code of Regs., tit. 2 § 11024(a)

Effective Interactive Training● Classroom● E-Learning

○ Instructional Designer○ Trainer (Attorney)

○ Answer questions and maintain for two years. ● Webinar

Cal. Code of Regs., tit. 2 § 11024(a)(2)

Effective Interactive Training

“questions that assess learning, skill-building activities that assess the supervisor's application and understanding of content learned, and numerous hypothetical scenarios about harassment, each with one or more discussion questions so that supervisors remain engaged in the training.”{ }

Cal. Code of Regs., tit. 2 § 11024(a)(2)(E)

Effective Interactive TrainingExamples:

● Pre- or post-training quizzes or tests.● Small group discussion questions.● Discussion questions that accompany hypothetical fact scenarios.● Interactive participation.● Ability to apply what is learned to the supervisor’s work environment.

Cal. Code of Regs., tit. 2 § 11024(a)(2)(E)

RecordkeepingEmployers must keep two years’ of records of:

● Names of supervisors trained;● Date of training; ● Sign in sheet plus another kind of supervisor acknowledgement ● Certificates of completion; ● Type of training provided; ● Copy of written or recorded training materials; and ● Name of training provider.

Cal. Code of Regs., tit. 2 § 11024(b)(2)

ContentTraining content must include:

● Definition of sexual harassment.● Prohibition against sexual harassment, discrimination and retaliation. ● Which conduct constitutes sexual harassment. ● Remedies available for sexual harassment victims in civil actions. ● Potential employer/individual exposure/liability. ● Supervisors’ obligation to report harassment, discrimination, and retaliation. ● Strategies to prevent sexual harassment, and remedial measures.

Cal. Code of Regs., tit. 2 § 11024(b)(2)

ContentTraining content must include:

● The limited confidentiality of the complaint process. ● Resources for victims of unlawful sexual harassment. ● What to do if the supervisor is personally accused of harassment. ● Essential elements of an anti-harassment policy. ● Abusive conduct details: definition, effect on worker, effect on workplace...

Cal. Code of Regs., tit. 2 § 11024(b)(2)

Content - OptionalOptional, but recommended, content:

● Other forms of harassment and discrimination (i.e. disability)

● Bias

● Power and privilege

○ Ex. Canada

Trends● Gender

○ Society affecting the workplace.

● Sexual Orientation vs. Sex Stereotyping○ Hively v. Ivy Tech Community College (7th Cir. 2016) (“who will be hurt?”)

● Culture○ Compliance Culture

HOW EVERFI’S TRAINING MEETS THE CHALLENGE

About EverFi● 20 years in business● 10 attorneys on staff to help ensure ongoing course compliance and

proactive updates● 20 instructional designers● 6 mm employees and students trained with us in 2016● 3300 corporations and universities rely on us today for compliance training● Raised 61 million in funding (Amazon founder - Jeff Bezos, Twitter

co-founder - Evan Williams, Google EC - Eric Schmidt)

Requires Policy Inclusion

Use Real World ScenariosOne of our Intersections case studies:

Content on Abusive Conduct (AB 2053)

Developed by Experts

Christine Day, J.D. Christine Day is a legal editor at LawRoom. She writes about employment law issues and tracks case law and legislative and regulatory updates. Before joining LawRoom she worked in legal publishing, researching and writing about tax law, business law, and employment law. She earned her JD from the University of San Diego Law School and her BA from the University of Southern California.

Steve Treagus, J.D. Stephen Treagus, JD's, previous practice as an attorney specializing in employment litigation exposed him to the rough-and-tumble world of employment relationships gone awry. Today, this experience informs his articles and courses, helping employers avoid costly litigation and get employment law right. Stephen earned his JD from John F. Kennedy University School of Law and his BA from Sonoma State University.

Douglas Kelly, J.D. Douglas Kelly is LawRoom’s editorial lead. He writes on corporate compliance and culture, analyzing new case law, legislation and regulations affecting US companies. Before joining LawRoom, he litigated federal and state employment cases and wrote about legal trends. He earned his JD from Berkeley Law and BBA from Emory University.

Karen Peterson, J.D. Karen Peterson is a legal editor at LawRoom. Prior to joining the editorial staff, she spent several years in private legal practice. Now she applies her legal skills to research and writing on higher education law to educate college students and employees about campus safety issues. Her studies focused on jurisprudence and social policy, earning a BA from UC Berkeley and a JD from the University of San Francisco Law School.

LawRoom Blog:blog.lawroom.com

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