"Ask the Expert" Service

• What is the "Ask the Expert" service?
  
  
• Why must employers provide a means for online course participants to ask questions?
  
  
• What is included in the "Ask the Expert" service?
  
  
• Can Brightline Compliance's subject matter experts answer the questions submitted through the "Ask the Expert" feature?
  
  
• How will Brightline Compliance's subject matter experts know what our policies say?
  
  
• Who are Brightline Compliance's subject matter experts?
  
  
• What kind of questions do employees typically ask?
  
  
• Will Brightline Compliance be responding to complaints of harassment or other compliance and ethical violations?
  
  
• Will Brightline Compliance's experts give my employees legal advice?
  
  
• What information will the employee need to provide when he or she submits a question?
  
  
• Does Brightline also offer a means for employees to submit questions anonymously?
  
  
• Is there a fee for the "Ask the Expert" service?
  
  
• How can I obtain additional information?
  
  

• What is the "Ask the Expert" service?
  
  Brightline Compliance's "Ask the Expert" service allows training participants to submit questions by phone or by Internet and have those questions answered by subject matter experts. A user may submit a question either through an online form or by calling a toll-free number and leaving a voicemail with the question. One of Brightline's subject matter experts, or someone designated by your organization, then:
  
  • reviews the question
  • examines your organization's relevant policies, and
  • provides a response to the employee
    
  If Brightline Compliance is responsible for answering the questions, Brightline will provide a copy of the question submitted and Brightline's response to a designated official within your organization within one business day of answering the question.
  

• Why must employers provide a means for online course participants to ask questions?
  
  California AB 1825 Harassment Prevention Training Regulations
  Regulations approved by the California Fair Employment and Housing Commission (FEHC) on November 14, 2006 require employers who provide online training on harassment prevention to its supervisors, as required by California Law AB 1825, to provide a means for employees to submit questions. The employer or the training provider must have a subject matter expert available "to provide guidance and assistance on harassment training issues" within two business days of the submission of the question.
  
  Connecticut Harassment Prevention Training Regulations
  Connecticut regulations state that employers who provide online training on harassment prevention to its supervisors, as required by Connecticut law, must provide a means for employees to submit questions and have those questions answered within "a reasonable time period." While a "reasonable time period" is not explicitly defined, given that California demands a response in two business days, it is possible that a Connecticut court also might rule that a "reasonable time period" means two business days.
  
  Best Practice in Other States and on Other Topics
  Even in states that don't require online courses on harassment or other compliance and ethics topics to provide a means for users to ask questions, it is certainly a good idea. In the same way that participants in a classroom training are likely to have questions, online course participants also will likely have questions and should have a means for asking those questions and receiving a prompt answer. Indeed, as employers try to use the effectiveness of their training efforts as a defense in lawsuits around the country, courts may rule that an effective, interactive online course requires allowing employees to submit questions and receive a response.
  
  Moreover, given that the purpose of effective compliance and ethics training is not simply to avoid liability or limit damages but to actually change behavior, employers should ensure that its employees understand the training and that they have a means of asking questions and receiving a prompt response.
  

• What is included in the "Ask the Expert" service?
  
  If you choose to have Brightline Compliance's subject matter experts receive and answer the questions, Brightline will:
  
  1. Obtain your organization's relevant policies and procedures
  2. Set up a web-based submission form to receive written questions
  3. Set up a telephone voice-mail box to receive verbal questions
  4. Have a Brightline subject matter expert review each question
  5. Carefully review your organization's policies for information relevant to the question
  6. Respond to the employee via email or telephone call, and
  7. Provide a designated official in your company with the question submitted and the answer given.
     
     • If the employee submits his or her question using the web-submission form, Brightline will provide a copy of the question submitted and a copy of Brightline's email responding to the question.
     • If the employee submits his or her question by phone using the voice-mail box, Brightline will provide a copy of the actual voice mail left (as an electronic file) and a copy of Brightline's email responding to the question, or a written summary of the Brightline subject matter expert's conversation with the employee.

• Can Brightline Compliance's subject matter experts answer the questions submitted through the "Ask the Expert" feature?
  
  Yes. Many employers do not have subject matter experts on staff that they can dedicate to answering questions submitted by training participants, particularly within two business days as required by California harassment training law AB 1825. Thus, many employers find that it is more feasible to have Brightline's subject matter experts receive and answer questions submitted.
  

• How will Brightline Compliance's subject matter experts know what our policies say?
  
  If you use Brightline's subject matter experts to answer the questions, Brightline will ask you to provide your organization's policies that are relevant to the topic covered in the course. When we receive a question from an employee in your organization, we will carefully review your policies before responding to the employee. Also, within one business day of responding to the question, Brightline will email you a copy of the question submitted and the response given so that you could follow up to modify or clarify the advice given.
  

• Who are Brightline Compliance's subject matter experts?
  
  California Law AB 1825 requires the persons answering the questions submitted by training participants to have "subject matter expertise," which is defined as legal education coupled with practical experience, or substantial practical experience in training on harassment, discrimination and retaliation.
  
  Brightline Compliance's experts include former U.S. Department of Justice attorneys who brought one of the Justice Department's first "pattern or practice" sexual harassment cases. Brightline's General Counsel, Katrina Charmene Campbell, is in charge of Brightline's "Ask the Expert" feature. Ms. Campbell has worked as a labor and employment attorney for a national law firm and has served as in-house counsel on compliance and ethics issues for two large corporations. She is a graduate of Hampton University and Harvard Law School.
  

• What kind of questions do employees typically ask?
  
  Brightline has offered an "Ask the Expert" feature for its courses for many years. Users most often submit questions asking for clarification or further information about issues raised in the course.
  

• Will Brightline Compliance be responding to complaints of harassment or other compliance and ethical violations?
  
  The "Ask the Expert" feature is not intended to be an avenue for employees to file complaints. Nevertheless, should Brightline receive a complaint or a question that would put the employer on notice that harassment, discrimination, or some other legal or ethical violation may be occurring, Brightline will respond to the employee with information from your policy on how to report the issue. Brightline also will notify the designated official in your organization that a question has been submitted that may put the employer on notice of a potential legal or ethical violation. Because of Brightline's legal expertise, you can be confident that Brightline's subject matter experts will be able to identify such questions that may put the employer on notice that an investigation of the matter must begin promptly. Also, because the employer will receive a copy of each question submitted and Brightline's response within one business day of answering the question, the employer will be able to monitor the questions submitted to see if any action needs to be taken.
  

• Will Brightline Compliance's experts give my employees legal advice?
  
  No. Although our subject matter experts are legal professionals, they will not give your employees legal advice. The information they provide will be limited to follow-up guidance relating to the training and to highlighting relevant information in your organization's policies.
  

• What information will the employee need to provide when he or she submits a question?
  
  The "Ask the Expert" online submission form and voice-mail inbox message will inform the employee that he or she must provide the following information in order for us to respond accurately:
  
  1. Employee's name
  2. Employee's email address and/or phone number
  3. Organization's name
  4. The question
  
  The message will inform the employee that:
  
  
  • the service is not intended as a means for employees to file complaints but only to submit questions and receive a response
  • any guidance provided should not be considered legal advice
  • the expert responding is not the employee or the employer's attorney
  • the employee can expect to receive a response within a certain time period
  • the employer will be provided the name of the employee submitting the question, a copy of the employee's question, and a copy of the expert's response to the question

• Does Brightline also offer a means for employees to submit questions anonymously?
  
  Yes. Brightline recognizes that sometimes employees are reluctant to identify themselves when asking a question and would prefer a means to ask questions and receive answers anonymously. Thus, employers may choose to allow a feature of Brightline's "Ask the Expert" service that allows employees to submit questions through an online submission form anonymously. Because the anonymous online submission form does not have a way of capturing the employee's name, email, or other contact information, neither Brightline nor the employer observes who submitted the question. Once the question is submitted, an email is sent to the subject matter expert from Brightline or your organization notifying the expert that a question has been submitted. Then, within whatever time period you choose (e.g., two business days), the expert reads the question, edits it if necessary to remove any personally identifying information or inappropriate comments, answers the question, and posts the question and answer to an electronic white board. The employee who submitted the question can return to the whiteboard later to see his or her question and the response given. This feature also simulates a classroom environment in that employees can see the questions submitted by other employees and the answers given.
  

• Is there a fee for the "Ask the Expert" service?
  
  Yes. Brightline Compliance charges a fee for the setup and maintenance of the online submission form, the toll-free phone number and voice-mail box, and the database used to track the questions submitted and the responses given.
  
  Brightline charges an additional fee for its subject matter experts to answer the questions, based on the number of employees who take the online course.
  

• How can I obtain additional information?
  
  You may obtain additional information and pricing on the "Ask the Expert" service by calling (800) 331-7965 or contact us.