1. (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.
2. (b) State agencies receiving three or more complaints with merit within a fiscal year shall provide compliance employment discrimination training. The compliance training may be provided using a training program from CRD's preapproved list of training programs. If a state agency chooses to provide compliance training using a person or state agency not included on CRD's list of preapproved training programs, the training provider and the training program to be used by the person or state agency shall be reviewed and approved for compliance with CRD standards.

3. (c) CRD's minimum standards for the content of compliance employment discrimination training shall include, but not be limited to, requiring participants to:

   1. (1) distinguish between disparate treatment and disparate impact;
   2. (2) identify the elements of a complaint involving disparate treatment and disparate impact;
   3. (3) explain the defenses available to an employer resulting from both statute and case law involving disparate treatment and disparate impact;
   4. (4) explain the burden of proof requirements for disparate treatment and disparate impact;
   5. (5) identify criteria for accurately measuring compliance with applicable laws;
   6. (6) define the different types of employment discrimination;
   7. (7) identify the appropriate action to be taken in a situation involving a potential case of employment discrimination; and
   8. (8) describe strategies for prevention of employment discrimination.

Source Note:The provisions of this §819.25 adopted to be effective September 27, 2005, 30 TexReg 6065.