Illinois Requires Sexual Harassment Training for Employees and Adds New Employee Protections for Harassment and Discrimination Claims
Illinois Requires Sexual Harassment Training for Employees and Adds New Employee Protections for Harassment and Discrimination Claims
Starting January 1, 2020, all employers in Illinois must provide sexual harassment training to employees annually. The Illinois Department of Human Rights (IDHR) is creating a model training program that employers may utilize. Employers may also develop their own training programs, which must, at a minimum, explain: (i) what constitutes sexual harassment; (ii) examples of sexual harassment; (iii) a summary of relevant federal and Illinois state laws concerning sexual harassment and remedies available to victims; and (iv) a summary of the employer’s responsibility to prevent and investigate sexual harassment complaints and to take corrective measures. Failure to train employees could result in a $500 penalty for small employers with fewer than four employees and a $1,000 penalty for larger employers.
Illinois also has implemented other new laws, one of which requires employers to disclose to the IDHR, starting on July 1, 2020 and annually thereafter by July 1 of each year, any settlements and adverse administrative agency and court judgements regarding harassment and discrimination claims from the preceding year. Failure to provide the required disclosure to the IDHR can result in penalties ranging from $500 to $5,000.
Illinois’ new laws also prohibit the use of nondisclosure or non-disparagement clauses applicable to claims of harassment and/or discrimination in any agreement as a condition of employment. There are additional procedural requirements that apply if an employer desires to insert a confidentiality provision in a settlement or separation agreement when the provision relates to harassment or discrimination claims. The new laws also prohibit the use of a mandatory arbitration agreement to adjudicate claims of harassment or discrimination (although this particular requirement is likely to be challenged based on FAA preemption, as set forth above). The laws also now require that employers provide unpaid leave for an employee in connection with gender or sexual violence, sexual harassment, and domestic violence.