EEOC Releases Preliminary Findings on Fiscal Year 2018 Charge Statistics

Those of us that have an interest in the United States Equal Employment Opportunity Commission (“EEOC”) charge and litigation statistics eagerly await the release of new data toward the beginning of each calendar year. Perhaps never has a fiscal year’s statistics been more eagerly anticipated than that of fiscal 2018. As you are undoubtedly aware, the latter half of 2017 was the advent of the #MeToo movement, which sparked awareness about sexual harassment and sexual assault both in the workplace and out. It just so happens that July 2017 marked the beginning of fiscal 2018, which means the upcoming release of statistics gives us our first glimpse into what the post #MeToo EEOC statistics will look like.

Perhaps never has a fiscal year’s statistics been more eagerly anticipated than that of fiscal 2018

Like a trailer for an upcoming Hollywood movie (which is ironic because Hollywood was where the #MeToo fire was lit), today the EEOC released some of its preliminary findings on its charge enforcement during fiscal 2018. As expected, the results are staggering. It is important to note that the EEOC did not release the 2018 data in the traditional form of updating a chart of charges. Instead, it included the preliminary data in a news release entitled “What You Should Know: EEOC Leads the Way in Preventing Workplace Harassment.” Within this document was contained the data we have all been waiting for (or at least important pieces).

The EEOC investigated at least 800 more sexual harassment charges since the advent of the #MeToo movement

While touting its efforts to “vigorously combat workplace harassment” the EEOC casually mentioned, “[c]harges filed with the EEOC alleging sexual harassment increased by more than 12 percent from fiscal year 2017.” Given we know that there were 6,696 sexual harassment based charges filed in fiscal 2017, the reported increase translates to at least 7,499 charges filed in 2018. Alternatively stated, the EEOC investigated at least 800 more sexual harassment charges since the advent of the #MeToo movement. This is clearly significant.

The EEOC release also states two other significant findings. First, consistent with the EEOC’s statement that the agency would be filing more lawsuits on behalf of victims, the report states that the number of lawsuits indeed rose by 11 (a 50% increase). This is significant because it means the EEOC is investing key resources into prosecuting cases as well as investigating them, which spells a new type of trouble for employers of all sizes. The EEOC also reports that it recovered $70 million for victims of harassment through its enforcement and litigation procedures. This was up from $47.5 million in fiscal 2017.

The EEOC also reports that it recovered $70 million for victims of harassment through its enforcement and litigation procedures.

The significance of this document cannot be understated, not just in the shocking increase in numbers, but also the EEOC’s new method of promoting its efforts to investigate, stop, and punish those employers who allow incidents to occur. It will not only be interesting to see if 2018 is an outlier (or more likely) the start of a trend. In either event, employers should be more interested than ever in making sure their employees receive the proper training to prevent incidents of sexual harassment in the workplace.

Syntrio is a leader in the human resources and employment law fields (as well as ethics and compliance) and is prepared to help your company implement a compliance program aimed at reducing the potential impact of harassment, discrimination and other employment law issues your organization may face. Syntrio takes an innovative philosophy towards employment law training program design and strives to engineer engaging, entertaining, and thought-provoking content.


Contact www.syntrio.com for more information about our discrimination, harassment, and prevention of retaliation online courses and remember to follow us on Facebook, TwitterGoogle Plus and LinkedIn for daily updates on corporate compliance that impact your company.


New California Sexual Harassment Training Law Approved by Governor Brown

On October 1, 2018 California Governor Jerry Brown signed into law SB 1343, which amends the California Fair Employment and Housing Act (“FEHA”) to require non-managerial employees to receive bi-annual training on the prevention of sexual harassment, gender identity issues and the prevention of abusive conduct in the workplace by January 1, 2020 (or within six months of assuming their position).

On October 1, 2018 California Governor Jerry Brown signed into law SB 1343 

Although this sweeping change is sure to be burdensome for employers, organizations can rest somewhat easier on the grounds that the required training for non-managerial employees will only be one hour in duration (as opposed to the two hour requirement currently in place). Please take note that managers and supervisors will still be required to receive bi-annual sexual harassment training as has been the case in the past.

The new requirement is part of a series of sweeping changes to California’s FEHA 

The new requirement is part of a series of sweeping changes to California’s FEHA, that are in accord with changes that went into effect in New York and other states. The new training requirements are just one component of those laws.

In response to these changes Syntrio is well prepared to offer your employees both industry-leading sexual harassment training for California managers and a one-hour course that covers the needs of non-managerial employees. In the coming months we will be rolling out a completely refreshed California non-manager course that will truly set the standard for interactive online training in this industry.

Contact Syntrio to schedule a demonstration of our California courseware.

Syntrio invites you to contact us to schedule a demonstration of our California (and other state) courseware with one of our representatives at your earliest convenience. It is never too early to get a head start on fulfilling your requirement for California training, especially given the California legislature’s comment that those employees who receive training by January 1, 2019 will not have to re-train when at the January 2020 deadline!

Syntrio is a leader in the human resources and employment law fields (as well as ethics and compliance) and is prepared to help your company implement a compliance program aimed at reducing the potential impact of harassment, discrimination and other employment law issues your organization may face. Syntrio takes an innovative philosophy towards employment law training program design and strives to engineer engaging, entertaining, and thought-provoking content.


Contact www.syntrio.com for more information about our discrimination, harassment, and prevention of retaliation online courses and remember to follow us on Facebook, TwitterGoogle Plus and LinkedIn for daily updates on corporate compliance that impact your company.


New Delaware Sexual Harassment Law Requires Training

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On August 29, 2018 Delaware became the latest state to enact legislation requiring employers to train employees on the prevention of sexual harassment when Governor John Carney signed SB 360 into law. Like California’s AB1825, SB 360 requires larger employers (those employing over 50 employees) to provide training on the prevention of sexual harassment. This law goes into effect on January 1, 2019 and the training must be complete by January 1, 2020.

Although it seems as if every state in the country is requiring employers to train their employees on this very important topic, SB360 makes Delaware just the fifth state to mandate employers to train employees on the prevention of sexual harassment. On January 1, Delaware will join Maine, Connecticut, California and New York in a growing list of states with mandatory training legislation.

Delaware Requirements

Employers employing 50 or more employees in Delaware must meet the following requirements set forth by SB 360 elements: 

  1. Employees must be provided with interactive training on the prevention of sexual harassment.
  2. Training must be conducted for new employees within one year of the commencement of their employment. Importantly, existing employees must receive training by no later than January 1, 2020.
  3. Topics covered include the following:
    a. The illegality of sexual harassment
    b. A specific definition of sexual harassment (with examples)
    c. A description of legal remedies available to employees and the complaint process (both internally and externally)
    d. Instruction on how to contact the Delaware Department of Labor; and
    e. Instruction that retaliation is prohibited
  4. According to SB 360, new supervisors must receive additional training within one year of the commencement of their supervisory role, and that supplementary training must cover the specific responsibilities of a manager in sexual harassment prevention and the illegality of retaliation.
  5. Finally, employee and supervisor training programs must be repeated every two years.


Syntrio Response

As always, Syntrio is well ahead of the curve in its response to the new Delaware law. Indeed, we have already begun the framework of our Delaware sexual harassment prevention courses for managers and employees, and will have these courses available to customers well in advance of the date the law goes into effect. You can expect to demonstrate the new Delaware courseware sometime in the coming months. As always, keep a close eye on Syntrio’s blog for updates on news and legislation that is relevant to human resources, employment law and ethical compliance issues. We very much look forward to being your trusted source in the provision of Delaware Sexual Harassment Training.

Syntrio is a leader in the human resources and employment law fields (as well as ethics and compliance), and is prepared to help your company implement a compliance program aimed at reducing the potential impact of harassment, discrimination, wage and hour, and other employment law issues your organization may face. Syntrio takes an innovative philosophy towards employment law training program design and strives to engineer engaging, entertaining, and thought-provoking content.


Contact www.syntrio.com for more information about our discrimination, harassment, and prevention of retaliation online courses and remember to follow us on Facebook, TwitterGoogle Plus and LinkedIn for daily updates on corporate compliance that impact your company.


Written by, Jon Gonzalez, Esq., Chief Counsel for Syntrio

 

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New York State Sexual Harassment Law Set to Take Effect October 9, 2018

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In April 2018 New York State and New York City enacted sweeping changes to sexual harassment laws in New York. The changes were enacted in response to the #MeToo movement and came with a variety of questions for employers throughout the state.

New York State employers with 15 or more employees required to train all employees.

In a landmark change, New York became the largest state to require employers employing 15 or more persons to train all employees annually on the prevention of sexual harassment in the workplace. Among the requirements of the New York State and New York City sexual harassment laws, training programs must include the following key elements: 

  • A detailed explanation of what constitutes sexual harassment at work under New York State and New York City law
  • Examples of conduct that constitutes the sexual harassment under the unique approach taken by New York City
  • Information on New York State, New York City and federal laws concerning sexual harassment and the remedies available to victims
  • Making available information about employees’ rights to adjudicate complaints of sexual harassment both administratively and judicially and the forums in which to do so
  • Contact information for New York State, New York City, and federal equal employment agencies
  • Interactivity in training

Training developed for both managers and employees

In response to the New York City sexual harassment law and New York State sexual harassment laws, Syntrio developed an industry-leading New York Sexual Harassment training course for managers and a matching New York Sexual Harassment training course for non-managerial employees. Both courses are designed to educate employees on New York State and New York City sexual harassment laws (as well as the federal law), as well as company policy prohibiting sexual harassment.

Syntrio’s New York sexual harassment training courses use engaging and entertaining hypothetical scenarios and real-life examples, as well as a narrative based interactive video storyline that provides practical guidance on not just the steps to be taken to prevent sexual harassment in New York workplaces, but also retaliation. The courses take the users through the process of filing a complaint, address bystander intervention, and provide guidance on how to recognize and address sexual harassment in the workplace if it occurs.

Syntrio cordially invites you to learn more about its New York State and New York City sexual harassment courses and to contact us or by telephone at (888-289-6670).

 

Syntrio is a leader in the human resources and employment law fields (as well as ethics and compliance), and is prepared to help your company implement a compliance program aimed at reducing the potential impact of harassment, discrimination, wage and hour, and other employment law issues your organization may face. Syntrio takes an innovative philosophy towards employment law training program design and strives to engineer engaging, entertaining, and thought-provoking content.

 


Contact www.syntrio.com for more information about our discrimination, harassment, and prevention of retaliation online courses and remember to follow us on Facebook, TwitterGoogle Plus and LinkedIn for daily updates on corporate compliance that impact your company.


Written by, Jon Gonzalez, Esq., Chief Counsel for Syntrio

 

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Does Your Harassment Training Need a Makeover?

The #MeToo movement grew exponentially due to the availability of the internet as an avenue for victims of harassment to express their protest of bad acts and actors in the workplace. Like any internet phenomenon, the movement has spawned a backlash against training programs provided to employees (and perceptions about the reasons training is actually given). It wouldn’t be the internet without a daily article about why training is ineffective or a “top six reasons why your harassment training will fail” garnering retweets, likes and links in internet generated blog posts (like this one).

While the general consensus that harassment training as currently constructed has some truth, and the motivations behind spending millions of dollars on training can rightfully be questioned, where the criticism articles go wrong is their failure to emphasize the approach taken by online and live training providers as opposed to highlighting the “boring” and “thoughtless” approach taken by many lawyers and internet training providers tasked with providing one and two hour trainings for groups of managers and employees.

Where we differ from other industry providers is in our unique approach 

Syntrio prides itself on taking the criticism of the e-learning industry to heart and implementing changes in our products in response to changes in the times and tastes of employees across all industries. Where we differ from other industry providers is in our unique approach aimed at resonating with the user to change his or her behavior regardless of illegality as a means of actually preventing incidents.

As the Think Progress article linked above eloquently states, all too many training providers are focused on long lessons in black-letter law while failing to illustrate the practical implications of bad workplace behavior. Indeed, there is more to cultural change than knowing what is “illegal,” rather employees need to be instructed on how civility in the workplace can improve the overall experience for one another.

Improving workplace culture to a level of total inclusiveness

Syntrio’s video and text-based scenarios illustrate more than just the fine legal points of harassment law. Indeed, our training programs are aimed at changing or improving workplace culture to a level of far more than tolerance, but to a level of total inclusiveness. By doing so, employees feel comfortable reporting any and all perceived misconduct, not just potentially illegal misconduct. This approach makes the workplace a better place to spend time and in turn, a safer place to do so as well.

We invite you a demonstration of our approach to learning, from full-scale training programs to micro-learning courses to very brief ethical snapshots, we know you will have a refreshed look at what training can be when it goes beyond a law school lecture and into a tactical discussion on improving workplace culture.


Syntrio is a leader in the human resources and employment law fields (as well as ethics and compliance) and is prepared to help your company implement a compliance program aimed at reducing the potential impact of harassment, discrimination and other employment law issues your organization may face. Syntrio takes an innovative philosophy towards employment law training program design and strives to engineer engaging, entertaining, and thought-provoking content
.

 


Contact www.syntrio.com for more information about our discrimination, harassment, and prevention of retaliation online courses and remember to follow us on Facebook, TwitterGoogle Plus and LinkedIn for daily updates on corporate compliance that impact your company.


Written by, Jon Gonzalez, Esq., Chief Counsel for Syntrio