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30 Oct

October 2020 Illinois HR Legal Updates

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Illinois Requires All Employers to Provide Sexual Harassment Prevention Training

What happened?
Effective this year, the Illinois Human Rights Act (IHRA) requires that all Illinois employers, regardless of size, provide annual sexual harassment prevention training to all employees. Employers must also report negative outcome cases involving unlawful discrimination, harassment, and/or retaliation.

What are the details?
With a lack of guidance related to COVID-19, employers must assume the rules created by the IHRA will continue as planned. All Illinois employers will need to provide annual sexual harassment prevention training to all employees by December 31, 2020. The training must contain the following subject matter:

  • An explanation of sexual harassment consistent with the IHRA;
  • Examples of unlawful conduct that constitutes sexual harassment;
  • A summary of federal and state statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and
  • A summary of the employer’s responsibilities for the prevention, investigation, and corrective measures of sexual harassment.

Additionally, employers must, by October 31, 2020, report and adverse judgements or administrative rulings involving unlawful discrimination, harassment, and/or retaliation, to the Illinois Department of Human Rights (IDHR). The report will encompass cases from January 1, 2019 to December 31, 2019. Employers are not required to report settlements. The IDHR may, however, request a report showing the number of settlements in the preceding five years, or less. Information reported to the IDHR must not include the names of the alleged victims of harassment or discrimination. Employers will need to send in another report by July 1, 2021, to encompass information from January 1, 2020 through December 31, 2020.

An article covering the IDHR rules can be found here.

What do employers need to do?
Employers should provide training on the relevant topics to their employees before December 31, 2020 and submit the required report, mentioned above, by October 31, 2020.