by Christine Self
Illinois Sexual Harassment Training
The Illinois Human Rights Act (IHRA) was amended by P.A. 101- 0221 to require that all Illinois employers, regardless of size, provide annual sexual harassment training to all employees. The initial training must be completed and documented by December 31, 2020 and annually thereafter. The Illinois Department of Human Rights (IDHR) developed a model training program (available via this link), which may be used for this purpose. Alternatively, employers may develop their own sexual harassment prevention training program, so long as it meets the requirements of IDHR’s model training program. The training must include the following:
- an explanation of sexual harassment consistent with the IHRA;
- examples of conduct that constitutes unlawful sexual harassment;
- a summary of relevant federal and State regulatory provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and
- a summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment.
Employers must keep a record of training compliance to be available for IDHR inspection upon request. Records of compliance may include a certificate of participation, a signed employee acknowledgement of participation, or training sign-in sheets. The record of compliance should include employee names, date of training, sign-in sheets, copies of certificates of participation issued and a copy of all written or recorded materials that comprise the training as well as the name of the training provider, if applicable. Those records may be paper or electronic.
Contact Tueth Keeney Cooper Mohan & Jackstadt if you are interested in having our attorneys provide the required training to your employees to meet this requirement.
Required Annual Reporting of Adverse Judgments or Administrative Rulings
Additionally, the IHRA requires that employers annually report to IDHR any adverse judgments or administrative rulings involving unlawful discrimination, harassment, and retaliation. The deadline for disclosures for the period January 1, 2019 to December 31, 2019 is October 31, 2020. In subsequent years, beginning in 2021, the reporting deadline is July 1 for the previous calendar year.
Adverse judgments or administrative rulings mean any final and non-appealable judgment that finds sexual harassment or unlawful discrimination, where the ruling is in the employee’s favor against an employer. These may include final orders issued by a State of Illinois tribunal such as the Illinois Human Rights Commission, an Illinois Circuit Court, or a federal court matter arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act or the Americans with Disabilities Act. Employers are only required to report the number of adverse judgments or administrative rulings for each of the following categories:
- sexual harassment;
- discrimination or harassment on the basis of sex;
- discrimination or harassment on the basis of race, color, or national origin;
- discrimination or harassment on the basis of disability;
- discrimination on the basis of sexual orientation or gender identity; and
- discrimination or harassment on the basis of any other characteristic protected under the IHRA.
If employers have any adverse judgments or administrative rulings to report, they can file their Section 2-108 disclosure form (available via this link).
Labor and Employment – Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. has successfully represented a number of businesses, large and small, throughout the Midwest in labor and employment matters. Our broad range of experience includes employment discrimination litigation, wage-hour investigations, affirmative action revision plans development, INS audits, and a variety of traditional labor matters.
Christine Self practices in the areas of education law and employment law. She has developed employment policies and advised public employers on labor matters and laws such as the Freedom of Information Act and the Illinois Open Meetings Act. She has experience with collective bargaining and disciplinary investigations into employee misconduct. As a former public school teacher, she is committed to assisting schools navigate the legal requirements of the education environment so school leaders and educators can provide the best educational opportunities for students.