The recent wave of #MeToo legislation in New York, California, and beyond is compelling organizations to reimagine harassment prevention training as an all-employee initiative. During this session, EVERFI's Senior Director of Harassment Prevention, Elizabeth Bille, will discuss new anti-harassment mandates and other key considerations for employers when implementing a company-wide harassment prevention strategy in 2018 and beyond. The session will also highlight evidence-based approaches to training--such as leveraging workplace culture and bystander intervention techniques--which go beyond legal compliance to transform workplace behavior. About the Presenter Elizabeth Bille, JD, SHRM-SCP, is an employment law attorney and HR leader who currently serves as the Senior Director of Harassment Prevention at EVERFI. Prior to joining EVERFI, Elizabeth was the General Counsel of the Society for Human Resources (SHRM). She also served as the legal and policy advisor to former Vice Chair of the U.S. Equal Employment Opportunity Commission (EEOC) Leslie Silverman.

1. From Compliance to Prevention:
Effective Anti-Harassment
Strategies in the
Post-#MeToo Workplace
PREVENTION BEST PRACTICES
1
Elizabeth Bille, JD, SHRM-SCP
Senior Director, Harassment Prevention
November 15, 2018

2. EVERFI at a Glance
20+ Million
Learners
730+ Financial
Institutions
Across The United
States and Canada
1500+ Corporations &
Municipalities
25,000+
K-12 Schools
1,500+
Higher Education Institutions
4,000+
Partners
480 Team Members
100+ Former Teachers/Administrators
2

3. Introduction
The Post-
#MeToo
Environment

4. 4
● S-3012*
California
● AB-1825
● SB-396
● AB-2053
● SB-1343
● SB-1300
● AB-1867
New York
● Labor Law Sec. 201-g
● Stop Sexual Harassment
in NYC
Maine
● Title 26: §807
Delaware
● HB-360
Illinois
● HB-4953*
Louisiana
● HB-524*
Pennsylvania
● HB-2282
● SB-1147
Connecticut
● CHRO Act
Harassment Training
Legislation
Enacted
Pending/Vetoed
*Limited Scope
Rhode Island
● HB-8277
● SB-2699
New Jersey
Washington, DC
● B22-913*

5. 5
New York: New Anti-Harassment Law
State Law -- Effective October 9, 2018
Scope:
● All NY employers must provide all employees with sexual harassment training and a written sexual
harassment prevention policy.
Training must:
● Be completed annually - first round by October 9, 2019
● Meet minimum standards
● Be interactive - may be online
Policy must include:
● A standard complaint form
● Investigation procedure, information about filing complaints (agencies, courts), remedies
Note: Since April 2018, non-employees (contractors, vendors) also protected from sexual harassment

6. 6
New York: New Anti-Harassment Requirements
New York City: Stop Sexual Harassment in NYC Act
All NYC employers - effective Sept. 6, 2018:
● Poster: Display a sexual harassment rights and responsibilities poster in English and Spanish
● Fact sheet: Distribute to all employees upon hire or include in handbook
NYC employers with 15 or more employees:
● Sexual harassment training - effective April 1, 2019
○ Interactive sexual harassment training for all employees within 90 days of hire
○ Annual basis
○ Must include information about bystander intervention

7. 7
California: New Anti-Harassment Laws
SB 1343 - Expansion of AB 1825 Training Mandate
● Employers with 5 or more employees
● All employees must receive sexual harassment training every two years
● 2 hours for supervisors; 1 hour for non-supervisors
● Within 6 months of hire (except temp/seasonal workers - within 30 days or 100 hours)
● Training deadline: January 1, 2020
SB 1300 - Bystander Training / Expansion of Liability
● Bystander intervention training encouraged
● Expanded liability for harassment by non-employees - all types of harassment
● Legislative intent that a single incident can constitute a viable claim of HWE
● Effective January 1, 2019

8. 8
Delaware: New Anti-Harassment Law
HB 360 - Effective January 1, 2019
Training Mandate:
● Applies to employers with 50 or more employees
● All employees must receive interactive sexual harassment training every two years
○ Training must occur within 1 year of hire
● All supervisors must receive interactive supervisor training every two years
○ Training must occur within 1 year of becoming a supervisor
● Current employee/supervisor training deadline: December 31, 2019
● Training not required if individual is employed for less than 6 continuous months
DOL Notice Distribution Rules:
● Employers with 4 or more employees in the state
● New hires must receive upon hire; current employees must receive by July 1, 2019

9. 9
5 Elements of
Comprehensive
Prevention &
Compliance
Training
COMPLIANCE
alignment of the course material with
local/state/federal laws and regulations
CONTENT
ongoing alignment of the course material
with research and best practices
DESIGN
inclusiveness; degree of engagement and
interactivity in the user experience
ADMINISTRATION
scalable, ongoing deployment, and in-depth
reporting of training efforts
DATA
richness and usability of insights gleaned
from course surveys/assessments

10. 10
EMPOWERINGPOSITIVE
Positive framing
Engaging the healthy
majority
Using Evidence-Based Approaches to Impact
Behavior
Bystander
intervention
strategies
VALUES-BASED
Leverage
organization-wide
values

11. 11
Social Norms Approach: Leveraging Workplace
Culture to Prevent Harassment
Social Norm
A component of the environment, a social norm is a belief or
custom that is held by the majority of a group or community.
Alan Berkowitz, PhD (2012)

12. 1212
Social Norms Approach: Effect of Misperceptions
PLURALISTIC IGNORANCE
The incorrect belief that one’s
private attitudes, judgments, or
behaviors are in the minority.
No one else seems to
think this is a problem,
so maybe I’m wrong.
THE BYSTANDER
EFFECT

13. 1
3
13
Social Norms Approach: Effect of Misperceptions
93%
64%
8%
Would take action to
prevent a sexual assault
Actual Norm
Perceived Norm
“For a norm to be perpetuated it
is not necessary for the
majority to believe in it, but
only for the majority to believe
that the majority believes in it.
Alan Berkowitz, PhD

14. Bystander Intervention: 5 Step Model
93%
64%
8%
42%
1. Take note of the situation
2. Identify the situation as critical
3. Feel personal responsibility to intervene
4. Have the tools and support to intervene successfully
5. Consciously decide to help
Latane & Darley (1970)

15. 93%
64%
8%
42%
Tools for Bystander Intervention
93%
64%
8%
42%
Power in Numbers Talk to the Target
Distract/Disrupt Direct Approach*
Situation-
Dependent

16. 16
EVERFI Framework for a Comprehensive Prevention
Strategy
16
INSTITUTIONALIZATION
CRITICAL PROCESSES
POLICY
PROGRAMMING
System-wide buy-in, visible commitment, and
investment in effective prevention initiatives
Using goal setting, strategic planning, and data
analysis to inform and evaluate prevention work
The values and expectations of the organization, and
the system of accountability to uphold and enforce them
Prevention training, programs, and communication
strategies that maximize engagement and drive impact

17. 17
Tools for Program Development: EEOC Checklists
17
Checklist Four: Compliance Training
Checklist Two: An Anti-Harassment Policy
Checklist Three: A Harassment Reporting System and Investigations
Checklist One: Leadership and Accountability
Chart of Risk Factors and Responsive Strategies

18. 18
Questions?