| (a) For purposes of this section, the term "complaint
with merit" shall mean a complaint that is resolved, either by a cause
finding or through withdrawal of the complaint with a remedy favorable
to the complainant, such as a negotiated settlement, withdrawal with
benefits, or conciliation.
(b) State agencies receiving three or more complaints
with merit within a fiscal year shall provide compliance employment
discrimination training. The training may be provided by the Agency
or by another entity or person approved by the Agency.
(c) CRD's minimum standards for the content of compliance
employment discrimination training shall include, but not be limited
to, requiring participants to:
(1) distinguish between disparate treatment and disparate
impact;
(2) identify the elements of a complaint involving
disparate treatment and disparate impact;
(3) explain the defenses available to an employer resulting
from both statute and case law involving disparate treatment and disparate
impact;
(4) explain the burden of proof requirements for disparate
treatment and disparate impact;
(5) identify criteria for accurately measuring compliance
with applicable laws;
(6) define the different types of employment discrimination;
(7) identify the appropriate action to be taken in
a situation involving a potential case of employment discrimination;
and
(8) describe strategies for prevention of employment
discrimination.
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