Illinois has enacted legislation (Senate Bill 75) that clarifies anti-harassment protections and imposes new requirements for employers to provide sexual harassment training.
Sexual Harassment Training:
Beginning January 1, 2020, every employer with employees working in Illinois must provide training on preventing sexual harassment, unless the employer is subject to the requirements of the State Officials and Employees Ethics Act.
Employers must either use model training that will be created by the state or adopt their own training that meets or exceeds state requirements. At a minimum, the training must include:
- An explanation of sexual harassment consistent with state law;
- Examples of conduct that constitutes unlawful sexual harassment;
- A summary of relevant federal and state statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and
- A summary of employer responsibilities to prevent, investigate, and correct sexual harassment.
The training must be provided to all employees at least once each year.
Restaurants and Bars:
Restaurants and bars are subject to additional requirements. Effective January 1, 2020, restaurants and bars must:
- Provide a written sexual harassment policy. The policy must be provided to all employees, within the first calendar week of employment. The policy must include:
The policy must be made available in English and Spanish.
- Provide training specific to bars and restaurants. The state will develop supplemental training for preventing harassment in bars and restaurants, in English and Spanish. Bars and restaurants must either provide the state's model supplemental training or adopt training that meets certain minimum requirements. This training must be provided to all employees at least once per year. The supplemental training may be done in conjunction with the other required sexual harassment training.
Other Changes:
Definition of Harassment Clarified:
Under existing law, the definition of sexual harassment includes any unwelcome sexual advances or requests for sexual favors, or any conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or
- Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Effective January 1, 2020, Senate Bill 75 clarifies that for the purposes of this definition, an employee's work environment isn't limited to a physical location an employee is assigned to perform their duties.
The law also clarifies that employers are prohibited from engaging in harassment on the basis of an individual's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or citizenship status. The law defines harassment as unwelcome conduct because of any of the above protected characteristics that has the purpose or effect of substantially interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment.
An employer is responsible by the employer's nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.
Harassment of Non-employees Prohibited:
Beginning January 1, 2020, employers will also be prohibited from subjecting non-employees to harassment. Under the law, "non-employee" is an individual who is not otherwise an employee but who is directly performing services for the employer pursuant to a contract, including contractors and consultants.
Reporting Required:
Beginning July 1, 2020, if an employer has had an adverse judgment or administrative ruling related to sexual harassment or discrimination in the preceding year, the employer must file a report with the Department of Human Rights. This annual reporting requirement applies to final and non-appealable rulings and judgments only. See the text of the law for details and reporting requirements.
Compliance Recommendations:
Illinois employers should review their training and policies to ensure compliance with Senate Bill 75.
Please contact your dedicated service professional with any questions.