As of January 1, 2020, all Illinois employers must provide anti-sexual harassment training to their Illinois employees annually, with this year's training to be completed by December 31, 2020. There has been no relaxation of this requirement under the COVID-19 pandemic.
What type of employees must be trained?
All employees (both management and non-management), including part-time employees and interns, should receive anti-sexual harassment training.
My company is based outside of Illinois, though we have employees in Illinois. Are we required to give this training?
Yes. Out of state employers must provide training to their employees who work in Illinois, and should provide training to out of state employees who regularly interact with Illinois-based employees.
Does my company need to keep a record of training?
Yes. Employers must retain paper or electronic records to show that all employees received training, such as a certificate, signed employee acknowledgement, or course sign-in sheet.
My company runs a restaurant and bar. Do any other requirements apply?
Yes. Restaurants and bars must include additional industry-specific components in their training.
What happens if my company does not comply?
Penalties for non-compliance range from $500 to $5,000 depending on the size of the workforce and extent of non-compliance. Further, should your company face future allegations of harassment, the first line of defense will be demonstrating the company's compliance with the training requirement.
How do I ensure my company is compliant with this new requirement?
Freeborn's Labor and Employment team is available to provide virtual anti-sexual harassment trainings starting at the flat rate of $3,000, depending on the size of your company's workforce. Training will be conducted over Zoom or other virtual platforms, and in most instances will be divided into management and non-management sessions. Each training will be tailored to your company and its policies. Trainings can also be modified to meet other states' requirements.
Why should my company hire someone to provide the training?
Training provided by a disinterested third party can be especially beneficial for this sensitive topic. Freeborn attorneys are ready to answer your employees' questions, and provide interactive and educational trainings that will also ensure compliance with the Illinois Human Rights Act.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
