Beginning January 1, 2020, Illinois employers with one or more employees must comply with the Illinois Workplace Transparency Act, Public Act 101-0221. This Act includes an amendment of the Illinois Human Rights Act requiring sexual harassment prevention training of employees on an annual basis.
All Illinois employers.
Pursuant to Section 2-101(B)(1)(b) of the Illinois Human Rights Act, 775 ILCS 5/2-101(B)(1)(b), in the context of sexual harassment, the term “employer” is defined as “Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability unrelated to ability, pregnancy, or sexual harassment.”
The only exception is for religious organizations.
All Illinois employees.
Pursuant to Section 2-101(A) of the Illinois Human Rights Act, 775 ILCS 5/2-101(A), the term “Employee” includes:
At least once a year to all employees. 775 ILCS 5/2-109(C).
Sexual harassment training must include, at minimum, the following:
775 ILCS 5/2-109(B).
No. The Illinois Department of Human Rights will produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. Employers are permitted to use the model program or establish their own sexual harassment prevention training program that equals or exceeds the minimum required standards.
OKGC employment lawyers have over 25 years’ experience litigating sexual harassment claims in state and federal court as well as before the United States Equal Employment Opportunity Commission and the Illinois Department of Human Rights as well as Illinois Human Rights Commission. This experience includes trying sexual harassment lawsuits in front of juries throughout the State of Illinois.
OKGC attorneys have also regularly provided live sexual harassment prevention training to employers for over 25 years. Those sessions are highly engaging, informative, and more stimulating and thought-provoking than online training only. Attendees will hear examples of actual situations that have occurred at Illinois workplaces and solutions for how to address problematic behavior.
OKGC does not believe in a one size fits all approach. Each employer has different needs and concerns. As a result, OKGC will also offer online training. It is best to contact an OKGC attorney to discuss your individual needs and concerns to develop a program for complying with the law.
Employers who do not comply with this law will be issued a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, the Illinois Human Rights Department will petition the Illinois Human Rights Commission for entry of an order imposing a civil penalty against the employer. 775 ILCS 5/2-109(D).
Those penalties are as follows:
775 ILCS 5/8-109.1(B).
Yes. The Act contains a separate provision for restaurants and bars which requires that in addition to the regular sexual harassment training, restaurants and bars must have supplemental training in consultation with industry professionals specifically aimed at the prevention of sexual harassment in the restaurant and bar industry. This training must include: