The Illinois Human Rights Act (the “Act”) prohibits discrimination in Illinois with respect to employment. On August 9, 2019, Illinois Governor J.B. Pritzker signed into law Public Act 101-0221, which, among other things, amended the Act. The amendments expand the Act’s reach and create new reporting requirements for all Illinois employers. Below is a brief overview of some of the important changes to the Act that all Illinois employers should familiarize themselves with.
Who is Affected by the Act’s Amendments?
A major change to the Act is that the definition of “employer” now includes any person who employs one or more employees in Illinois during twenty (20) or more calendar weeks within the calendar year of or preceding an alleged violation of the Act. Previously, the Act applied only to employers with fifteen or more employees. As a result, many more employers have become subject to the Act’s requirements. The Act also makes changes to the types of workers who are covered by the Act. Most notably, the Act now prohibits harassment (including sexual harassment) against non-employees, such as consultants and contractors. Thus, businesses must be conscious of the Act’s impact on not just their W-2 employees, but also their 1099 contractors.
Employers should also note that, for both harassment and sexual harassment, “working environment” is not limited to the physical location assigned to an employee to perform his or her work duties. This provision is especially important for employers to note now that many employees are working remotely due to COVID-19.
Liability for Actions of Non-Managers
Under the amended Act, employers generally are not liable for harassment by non-managerial or non-supervisory employees. However, if the employer becomes aware of the harassment and does nothing, the employer may be held liable. Thus, it is important for employers to take reasonably appropriate action whenever they become aware of any harassment by non-managerial or non-supervisory employees.
New Annual Reporting Requirements for All Illinois Employers
Under the Act, all Illinois employers must report annually to IDHR regarding any adverse judgments or administrative rulings against the employer in the previous year. The first reports are due October 31, 2020 and will cover the period from January 1, 2019 through December 31, 2019. Thereafter, reports are due before July 1st of each year. The Act requires employers to include in their reports the total number of adverse judgments or administrative rulings against them during the prior year, as well as whether the employee(s) obtained any equitable relief. In addition, the reports must include a breakdown of the adverse judgments or administrative rulings by the unlawful employment practice. If the employer did not have any adverse judgments or administrative rulings against it during the prior year, then the employer is not required to report for that year.
New Annual Sexual Harassment Training Requirement for All Employers
Beginning in 2020, all employers with employees working within Illinois must provide sexual harassment training to their employees each year. The training must be completed by the end of each year. For example, the 2020 training must be completed by December 31, 2020. In April 2020, the Illinois Department of Human Rights (“IDHR”) released a model training program, which is available to all employers for use free of charge.
Civil Penalties for Failing to Comply with New Training and Reporting Requirements
Employers who do not comply with the new annual training requirements or annual reporting requirements are subject to civil penalties, so it is important that all employers comply with the reporting requirements.
The amended Act creates a number of new requirements that all Illinois employers must be aware of. For more information about this article, or to find out how we can help your business comply with the Act’s new requirements, contact Albee Law PC via telephone at (312) 279-0115 or by email at info@albeelaw.com.
