Illinois Sexual Harassment Law
Sexual harassment reports in Illinois had been steadily rising through 2018 when the state legislature decided to address the issue with a new, Illinois sexual harassment law. The result was the Work Transparency Act, signed on August 9, 2019. This legislation contained clear definitions of matters like sexual discrimination and harassment. It also included definitive instruction concerning deadlines for educating employees about the law, and heavy financial penalties for employers who failed to comply. It was clear beyond doubt the legislature was serious about its intentions.
Ironically, Illinois passed its new anti-harassment bill at virtually the same time the State of California passed a very similar measure designed to end workplace sexual misconduct. The main distinction between their parallel efforts was that California had to push their full compliance date back one year. This article will take a closer look at the Illinois law, examining its definitions, its provisions, and the training required to be compliant with the law.
What The Illinois Sexual Harassment Law Means
Whether it occurs in the workplace, in education settings, among acquaintances, or simply out in public, sexual harassment is an all-too-common occurrence. One factor that contributes to the prominence of sexual harassment is that many people who engage in this behavior have no idea of the magnitude of their ethical lapse and their criminal liability. When confronted with the error—and downright illegality—of their actions, their first response is surprise. Often, they are simply repeating behaviors they observed while growing up. They have little awareness of the pain and fear they may be inflicting through their actions.
The Work Transparency Act seeks to eliminate the claim of ignorance as an excuse for engaging in questionable activities with sexual overtones. The law sets down a series of definitions that leave no doubt as to the sort of behaviors that are prohibited. For example, sexual harassment is defined as “unwanted, deliberate or repeated sexual behavior.” Sexual discrimination is defined as “an adverse action or harassment based on sex (the status of being male or female) which is not necessarily sexual in nature.” Following these definitions, multiple examples of these violations are offered. The law is one of the state’s ways of enforcing Illinois’ Human Rights Act.
The law and all the training involved in implementing it are being and handled by the IDHR (Illinois Department of Human Rights).
What Are the Law’s Provisions?
The Work Transparency Act is a wide-ranging piece of legislation that encompasses many subjects. For our purposes, we’ll stay with that part of the bill that deals with sexual harassment and discrimination.
As with California’s anti-harassment bill, Illinois has placed the onus for compliance with the law on the state’s businesses. Companies employing 15 or more workers were legally bound to have complied by with the provisions of the law by December 31, 2019. Beginning on July 1, 2020, any company with even a single employee had to be able to demonstrate compliance with the law. After the first year, all employees are to receive the training annually.
The act mandates that all employees, including interns, part-time, and season employees are to be trained in recognizing and preventing sexual harassment and discrimination. According to the IDHR, training is to include the following components:
- An explanation of the meaning of sexual harassment
- Examples of sexual harassment
- A review of both federal and state laws governing harassment and the legal remedies available to victims of harassment
- A list of the employer’s responsibilities, including prevention, investigation, and correction of incidences of harassment
Failure to comply with the law will be costly to Illinois employers. Even if an employer had only four workers, a first non-compliance fine would run $500. Continued non-compliance would result in escalating fines of up $5000 by the third offense.
How Does the Sexual Harassment Training Work?
Recognizing the magnitude of what Illinois employers are being asked to do, the IDHR has done its best to be imaginative and flexible. The department also recognizes that going forward, there must be ongoing development of the curriculum. This is especially true since all Illinois workers will be trained annually. To expand the possible training availabilities, employers are allowed to train employees outside of their scheduled work hours, so long as the employees are paid their regular wages while being trained.
Third-party sexual harassment training providers will be filling a great need, as employers and the state simply do not have enough individuals who are prepared to lead the training sessions.
One of the training models that continues to prove most efficient with time and money is online training. With this model, an employee logs onto a computer whenever work time permits and goes through a comprehensive training module. When this method is used, all necessary documentation is handled by the training company and provided to the employer in order to demonstrate completion. In such an instance, it’s important to use a trusted and recognized training provider such as UnHarassed.com™.
Summary
When reports of sexual harassment shot up 70% from 2017 to 2018, Illinois state officials realized dramatic steps had to be taken to awaken the public to this rapidly growing problem. Many Illinois citizens found the new bill to be breathtaking—both long overdue and at the same time demanding swift compliance from Illinois employers.
The broad requirements of the law will make certain that no working citizen can claim ignorance of what constitutes sexual harassment or the consequences of unwanted misdeeds. There are special provisions in the law meant to ensure that no group of workers, from restaurant employees to psychiatrists, will be able to avoid this essential training.
