Illinois New Sexual Harassment Training Requirements

Under a new Illinois law effective July 1, 2020, all employers with at least one employee must provide sexual harassment training by December 31, 2020, and annually thereafter. A previous version of the law did not require small employers conduct these trainings, but a later amendment extended the requirement to all employers. Restaurants and bars are also required to establish and distribute to their employees a written policy on sexual harassment within the first week of an employee’s hire and provide industry-specific training to those employees.

The Illinois Department of Human Rights website has established a model Sexual Harassment Prevention Training program for public use located at: https://www2.illinois.gov/dhr/Training/pages/default.aspx

Violations. Employers who are caught failing to provide sexual harassment training will be issued increasing penalties. The first occurrence shall result in a Notice to Show Cause giving the employer 30 days to comply, followed by increasing civil penalties not to exceed:

¨ Employers with fewer than 4 employees: $500 for first offense, $1,000 for second offense,  and $3,000 for subsequent offenses

¨ Employers with 4 or more employees: $1,000 for first offense, $3,000 for second offense,  and $5,000 for subsequent offenses

A list of frequently asked questions may be found on the Illinois Department of Human Rights webpage  at: https://www2.illinois.gov/dhr/Training/Pages/FAQ%20for%20Sexual%20Harassment%20Prevention%20Training.aspx