Newsflash! Chicago City Council Expands Worker Protection from Sexual Harassment Beyond Illinois Requirements.
Author: Audrey E. Gamble, Esquire
On July 1, 2022, amendments to the City of Chicago’s municipal code will take effect to expand workplace protections against sexual harassment.
In January 2020, the state-wide Illinois Workplace Transparency Act (“IWTA”) took effect and required employers to implement 1 hour of mandatory annual sexual harassment training for all employees. The City of Chicago has made further efforts to protect workers from sexual harassment through its municipal code. In April, Chicago broadened these protections by amending its Human Rights Ordinance to expand the definition of sexual harassment, implement specific requirements for written policies and annual personnel training, increase the notice periods to encourage victim reporting and diminish retaliation, and increase monetary penalties.
The full definition of “sexual harassment” now “means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual, or (3) 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; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.”
The amendments to the ordinance require that all employers have a written policy that includes (i) the ordinance-approved definition of sexual harassment and examples of prohibited conduct; (ii) a statement that sexual harassment and retaliation for reporting for sexual harassment are illegal in Chicago; (iii) a requirement that employees participate in sexual harassment training in accordance with the ordinance; and (iv) information on reporting and legal services. The Chicago Commission on Human Relations (CCHR) has stated that it will provide a model policy and written notice template on its website by the time the ordinance goes into effect.
The updated ordinance also requires that all employees engage in of one hour of sexual-harassment prevention training, which is the state-required minimum, that supervisors or managers of employees participate in a minimum of two hours of sexual-harassment prevention training, and that all employees participate in one hour of bystander training. The Illinois state training template, which was provided in connection with the IWTA, is sufficient for the one-hour sexual harassment prevention training for employees. CCHR has stated that training materials for the additional bystander training will also be available on its website by the time the ordinance goes into effect.
Chicago employers should review the CCHR website and review its sexual harassment policies to ensure they comply with the updated ordinance.
CONTACT:
Audrey E. Gamble, Esquire
agamble@satclaw.com
Direct: (312) 554-3128
John W. Campbell, Jr., Esquire
jcampbell@satclaw.com
Direct: (312) 554-3110
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