Illinois

ALERT on Sexual Harassment Prevention Training Law: Public Act 101-0221 amended the Illinois Human Rights Act (“IHRA”) requiring: Illinois employers to provide annual sexual harassment prevention training by December 31, 2020 and annually thereafter.

Training Requirements

All employers in Illinois, regardless of size, must train all employees and managers on sexual harassment prevention every year.

Our course is compliant with section 2-109 of IHRA:

Illinois Compliance

An explanation of sexual harassment consistent with the IHRA
Examples of conduct that constitutes unlawful sexual harassment
Examples of unlawful sexual harassment
Summary of relevant federal and State statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment
A summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment

Additionally, owners of restaurants and bars are now required to provide sexual harassment training annually to all employees (regardless of employee classification). The training must be available in both English and Spanish.

Reference.

Penalties for Not Complying

Employers who do not provide compliant training will be subject to fines:

  • $500 for businesses with less than four employees
  • $1,000 for businesses with four or more employees.

Penalties for subsequent violations can rise to as much as $5,000 per violation.

Additionally, employers who don’t provide the required training will have a more difficult time defending themselves in the event of a sexual harassment lawsuit. They will be unable to demonstrate that they took “reasonable steps” to prevent sexual harassment from occurring.

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