New Modified Regulations for AB1825, California’s Mandatory Training Law, Issued

On February 27, 2007, the California Fair Employment and Housing Commission (the “Commission”) proposed more modifications to its regulations for AB1825. The Commission is accepting pubic comment to these newest modifications until March 27, 2007. Below is a summary of the changes (please refer to the July and September 2006 ELI®Grams for information about previously proposed modifications):

• Changes to Qualifications for Development and Delivery of Training: While classroom, e-learning, and webinars remain the three vehicles for delivering training, the specifications for who may develop and deliver the training have changed.

 Subject Matter Expert (new definition below), rather than an instructional designer, must create the content for classroom training. E-learning must be developed by a Subject Matter Expert and an Instructional Designer (definition has not changed). The previous version of the regulations had allowed e-learning to be developed by an Instructional Designer, qualified trainer, or Subject Matter Expert. Moreover, e-learning now must have a link to contact a Subject Matter Expert, rather than a trainer. The former regulations provided that a trainer could develop webinar content, but now a Subject Matter Expert must develop content for webinars.

A Trainer or Educator may deliver classroom training and webinar training. As described below, the definition of who qualifies as a “Trainer or Educator“ is now more specific.

• Changes to Definition of “Subject Matter Expert”: The Commission has proposed that a Subject Matter Expert must meet one of the following criteria:

1. An attorney licensed to practice in any state for at least three years and whose practice involves federal or California fair employment laws
2. A human resource professional who is a SHRM-certified “Professionals in Human Resources” (or a higher certification) and who also has at least three years experience doing one of the following:
   • Designing and conducting fair employment practices training, which must include the topics of discrimination, retaliation, and sexual harassment
   • Responding to sexual harassment complaints
   • Investigating sexual harassment complaints
   • Advising employers about these fair employment issues
3. A law school, college, or university instructor who is certified to teach in California or who has a post-graduate degree if the instructor has either 25 instruction hours or three years of experience teaching California or federal employment law at the law school, college, or university
4. An individual with at least three years of experience providing professional advice or consultation to employers regarding fair employment issues

• Definition of “Trainer or Educator”: The person who delivers classroom training or webinar training must be either a Subject Matter Expert (as defined above) or have at least three years of experience designing and conducting fair employment practice training programs. The specific content that a Trainer or Educator must be qualified to teach, such as how to report harassment claims, remains the same.

• Two Hours of Training Clarified: The modified regulations now clearly state that the employer shall provide two hours of training once every two years. The way the training is tracked and documented remains the same.

When will the proposed regulations (with any revisions) go into effect?

The Fair Employment and Housing Commission will now accept public comment on the modified regulations until March 14, 2007. The Commission will consider the public comments it receives and consider further modifications at its March 27, 2007, Commission meeting.

The full modified proposed regulations can be viewed at: http://www.fehc.ca.gov/pub/pdf/02-27-07_reg.pdf

About ELI®

Founded in 1986, ELI is a training company that teaches professional workplace conduct, helping clients translate their values into behaviors, increase employee contribution, build respectful and inclusive cultures, and reduce legal and ethical risk.

Over the past 20 years, we have worked with organizations across a variety of industrial sectors to help them develop managerial skills that foster open communications, teamwork, and effective decision-making. Recognizing that managers need to know what to do in addition to knowing what the law requires, we design our award-winning online, webcast, and classroom training solutions with practical application and outcomes in mind. Participants learn skill steps and guidelines that will help them operationalize key concepts back on the job and align their behavior with the organization’s values.