Every Employer Required To Provide Sexual Harassment Prevention Training

Harassment prevention training is not new. For many years training has been voluntarily undertaken by progressive employers or as mandated by the Equal Employment Opportunity Commission as a remedy for past harassment and discrimination.

What is new is the law in Illinois which will take effect on January 1, 2020 that requires every employer to provide sexual harassment prevention training at least once per year to all existing and new employees working in Illinois. The Illinois General Assembly determined that organizational tolerance of sexual harassment has a detrimental influence in workplaces by creating a hostile environment for employees, reducing productivity, and increasing legal liability.

The law, which amends the Illinois Human Rights Act, applies to all employers and requires training of any individual performing services for remuneration within Illinois. Although the Illinois Department of Human Rights (Department) is to produce a model sexual harassment prevention training program, such a program has not yet been released. An employer may establish its own sexual harassment prevention training program that equals or exceeds the minimum standards contained in the model program which are:

  • an explanation of sexual harassment consistent with the Act;

  • examples of conduct that constitutes 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 employments in the prevention, investigation, and corrective measures of sexual harassment.

 

Employers should not wait for the Department to release its program as there are penalties for the failure to comply with the Act. For an employer with 4 or more employees, a penalty not to exceed $1,000 for a first offense; a penalty not to exceed $3,000 for a second offense; a penalty not to exceed $5,000 for a third or subsequent offense.

For assistance in meeting the requirements and training, please contact Aileen Brooks at abrooks@mbhealthlaw.com or call us at 630-948-4807. 

Articles distributed by Malecki & Brooks Law Group, LLC are advertisements and summaries for general information and discussion purposes only.  They are not full analyses of the matters presented, legal, or otherwise, and may not be relied upon as legal advice. 


 

 

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