NEWSFLASH! It’s Not Too Late—Illinois Employers MUST Provide Sexual Harassment Prevention Training by Year End

Authors: John W. Campbell, Jr., Esquire and Victoria L. Cejka, Esquire

As a reminder, all Illinois employers having one or more employees are required to provide sexual harassment training to all employees, (including short-term, part-time and interns) by year end as mandated under the Illinois Workplace Transparency Act (“WTA”). The training must be administered on an annual basis and completed by December 31st each year.

Any employees working in Illinois must be trained, regardless of whether the employer is based in Illinois or elsewhere. Additionally, if the employee is based in another state but regularly interacts with Illinois employees, that out-of-state employee should also receive the sexual harassment training, according to the Illinois Department of Human Rights (“IDHR”). Although employers are not required to train independent contractors under the WTA, the IDHR strongly advises independent contractors receive the training if they work on-site in an Illinois workplace or regularly interact with the employer’s Illinois-based staff.

Employers may develop their own training program or utilize a third-party provider, so long as the program meets or exceeds the minimum standards for sexual harassment training outlined in Section 2-109(B) of the Illinois Human Rights Act (“IHRA”). If employees speak languages other than English or if employees have disabilities, the training must be adapted and administered in such a manner as to be accessible for all employees. The IDHR published its model anti-harassment training program materials on its website (available here).

For restaurants and bars, there are additional mandates to create and disseminate a written policy on sexual harassment prevention as well as administer “supplemental” sexual harassment prevention training to employees that complies with Section 2-110 of the IHRA.

IDHR requires employers to maintain internal documentation (electronic or paper) that can be made available to IDHR upon request.

CONTACT:

Victoria L. Cejka, Esquire
vcejka@satclaw.com
Direct: (312) 554-3108

John W. Campbell, Jr., Esquire
jcampbell@satclaw.com
Direct: (312) 554-3126

Websites:
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