What Employers Should Know About

Illinois Sexual Harassment Prevention Training

Updated Winter 2020

Summary of requirements:

All employers in Illinois must provide sexual harassment prevention training once a year starting January 1, 2020.

Relevant Illinois Laws3:

Public Act 101-0221 (titled the Workplace Transparency Act)/ S.B. 75/ Section 2-109 of the Illinois Human Rights Act (IHRA)

Status of the law:

The Workplace Transparency Act was signed by the Governor on August 9, 2019 and is effective January 1, 2020.

Which companies must provide training?

"Every employer1 with employees working in this State [Illinois]".

Who must be trained?

"All employees" 2

How frequently?

Training shall be "provided at least once a year to all employees."

When is the first training deadline?

The Act is effective January 1, 2020 and employees must be trained every year so it would appear the deadline for first training is December 31st, 2020.

Minimum training requirements:

  • An explanation of sexual harassment consistent with SB 75
  • Examples of conduct that constitute unlawful sexual harassment
  • A 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
  • There is no time requirement specified
  • The bill does not call for different training for supervisors and employees

Restaurants and bars must also include training on:

  • Specific conduct, activities, or videos related to the restaurant or bar industry
  • An explanation of manager liability and responsibility under the law
  • English and Spanish language options
  • Note - Restaurant and bar employers will also now be required to provide a written sexual harassment policy to all new employees during the first calendar week of their employment

Requirements specific to hotels and casinos:

  • A section of SB 75 is referred to as the "Hotel and Casino Employee Safety Act"
  • There is no specific harassment prevention training requirements required under this section
  • However, it specifies that each hotel employer and casino employer "shall develop, maintain, and comply with a written anti-sexual harassment policy to protect employees against sexual assault and sexual harassment by guests."
  • Additionally, "each hotel and casino will provide certain employees with safety or notification device which can be used to summons help if employee reasonably believes that an ongoing crime, sexual harassment, sexual assault, or other emergency is occurring in the employee's presence."

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