Sexual Harassment Training Requirements in Illinois
Under the Illinois Human Rights Act (IHRA), as amended by Workplace Transparency Act (Public Act 101-0221), every employer with one or more employees working in the State of Illinois are required to provide sexual harassment prevention training at least once every calendar year. All employees must have received training by December 31, 2020 and annually thereafter.
The Illinois Department of Human Rights (IDHR) offers a model sexual harassment training program for all employers which can be downloaded for free in PowerPoint or PDF format, and meets the standards outlined in Section 2-109(B) of IHRA. Employers have the option to either use it or develop their own program as long as it equals or exceeds the standards indicated in the said law. Contents of the model program that employers should take into account when creating their own program are as follows:
An explanation of sexual harassment consistent with the IHRA
Examples of unlawful sexual harassment conduct
A summary of federal and state statutory provisions regarding sexual harassment and the remedies available to victims
A summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment
In addition to these requirements, the Illinois sexual harassment law has set additional regulations for employers in the restaurant and bar industry. In compliance with Section 2-110 of the IHRA, restaurants and bars must provide supplemental sexual harassment training to employees at least once a year. The IDHR also provides a free model sexual harassment training program for bars & restaurants. The training must include the following information:
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.
If an employer violates these regulations, a notice giving the employer 30 days to comply will be issued. Failure to comply within this time frame will result in IDHR petitioning for entry of an order imposing a civil penalty against the employer.