Illinois Sexual Harassment Training Requirements

On January 1, 2020, Public Act 101-0221 amended the Illinois Human Rights Act. The update requires employers in Illinois to provide sexual harassment prevention training to their staff by December 31, 2020, and on an annual basis thereafter. This training requirement applies to all Illinois employers with more than one employee and applies to all employees regardless of their status such as short-term, part-time, or intern. Employers are also required to keep a record of all such sexual harassment trainings, which can be provided to the Illinois Department of Human Rights upon request.

Employers may create their own training program that meets or exceeds the requirements of Section 2-109 of the Illinois Human Rights Act, or employers can use the model sexual harassment training produced by the Illinois Department of Human Rights.

The requirements for the training under Section 2-109(B) of the Illinois Human Rights Act are:

an explanation of sexual harassment consistent with the Illinois Human Rights Act;
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; and
a summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment

Employers at Restaurants and bars have additional requirements they must provide to their employees from Section 2-110 of the Illinois Human Rights Act.

Any employer that is in violation of Section 2-109 will be issued a notice to show cause giving the employer 30 days to comply with the sexual harassment training requirements. Failure to comply within 30 days will result in IDHR petitioning the Illinois Human Rights Commission for entry of an order imposing a civil penalty against the employer ranging from $500 to $1,000 for first time offenses and up to $3,000 to $5,000 for multiple offenses. Employers, if you have not yet provided your employees with this required sexual harassment training and would like assistance with preparing the necessary training materials, please contact the Employment attorneys of Bozeman, Neighbour, Patton & Noe, LLP.