Webinar slides form 2/9/2017

1. Sexual Harassment
Training: AB 1825
Compliance in 2017

2. About the Presenters
Douglas Kelly
Lead Legal Writer
EverFi
Ann Norman
Vice President - Enterprise Accounts
EverFi

3. 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

4. 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.

5. 12,600
Number 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.

6. 4,822
Number 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.

7. AB 1825 TRAINING
REQUIREMENTS REFRESHER

8. 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.

9. 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)

10. 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)

11. 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)

12. Effective Interactive Training
Examples:
● 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)

13. Recordkeeping
Employers 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)

14. Content
Training 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)

15. Content
Training 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)

16. Content - Optional
Optional, but recommended, content:
● Other forms of harassment and discrimination (i.e. disability)
● Bias
● Power and privilege
○ Ex. Canada

17. 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

18. HOW EVERFI’S TRAINING MEETS
THE CHALLENGE

19. 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)

22. Requires Policy Inclusion

24. Use Real World Scenarios
One of our Intersections case studies:

25. Content on Abusive Conduct (AB 2053)

26. 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.

27. LawRoom Blog:
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28. Questions? Want more information?
Ann Norman
anorman@everfi.om
440.471.4679