In August 2019, Illinois Governor J.B. Pritzker signed into law Public Act 101-0221, which, among other things, amended the Illinois Human Rights Act (the “Act”). The amendments expand the Act’s reach and, beginning in 2020, require all employers with at least one Illinois employee to provide their Illinois employee(s) with annual sexual harassment training. The training must be completed by the end of each year. For example, the 2020 training must be completed by December 31, 2020. For new hires, employers should provide the training program as soon as possible as employers may be liable for the employee’s conduct.
Employers should note that “employees” means all employees, including full-time, part-time, and short-term employees, as well as interns. Further, although employers do not have to train independent contractors, the Illinois Department of Human Rights (“IDHR”) strongly encourages that independent contractors who will be working on-site or interacting with an employer’s staff receive training as the employer may be liable for the independent contractor’s conduct.
What Must the Training Program Include?
Employers must provide a training that meets or exceeds the requirements of Section 2-109(B) of the Act. Employers may develop their own program or use a third-party vendor, provided that the program complies with the Act. Alternatively, for those employers who do not wish to provide their own program, in April 2020 IDHR released its own model training program. IHDR’s model training program is available to all employers for use free-of charge.
For those employers who decide to provide their own curriculum, it must include, at a minimum, the following information:
- An explanation of sexual harassment consistent with the Act;
- Examples of conduct that constitutes unlawful sexual harassment;
- A summary of relevant federal and Illinois statutory 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.
For those employers who do not wish to create their own program, IDHR’s model training program complies with the above requirements. It consists of a PowerPoint presentation that employers may use to train their employees. The program can be accessed on IDHR’s website at the following web address:
https://dhr.illinois.gov/training/state-of-illinois-sexual-harassment-prevention-training-model.html
For employers with Spanish-speaking employees, IDHR’s model training program is also available in Spanish. Employers are responsible for ensuring that the program is accessible to all employees, including non-English speakers and those with disabilities.
Employers in the restaurant and bar industries should note that there are additional training requirements for their employees. Information on these additional requirements can be accessed on IDHR’s website.
Records, Reporting Requirements, and Penalties for Non-Compliance
Although there is no annual reporting requirement, employers should be careful to keep internal records of training compliance as these records must be made available to IDHR for inspection upon its request. Examples of appropriate records include certificates of participation, signed employee acknowledgments, and training sign-in worksheets. For those employers who use the model training program, the PowerPoint provides a sample certificate of participation form at the end of the PowerPoint. The certificate includes a spot for the relevant employee to sign and certify that he or she has completed the program.
The penalties to employers for failing to provide the required training are stiff and employers who do not comply with the Act’s requirements may face substantial penalties. For this reason, it is important that employers comply with the training requirements and keep appropriate records.
For more information about this article, or to find out how we can help your business comply with the new Illinois’ sexual harassment training requirements, contact Albee Law PC via telephone at (312) 279-0115 or by email at info@albeelaw.com.
