United States: Illinois Publishes Model Sexual Harassment Prevention Training Program To Help Employers Meet Deadline

Illinois employers saw a flood of new state legislation and other employee-friendly changes for 2020, including the Illinois Workplace Transparency Act (WTA), an expansive law that amended the Illinois Human Rights Act (IHRA) to further prevent all forms of harassment and discrimination in the workplace. Our previous Alert discussed the WTA and other key employment law changes for Illinois employers in 2020.

Among other requirements and prohibitions, the WTA includes sexual harassment prevention training obligations for Illinois employers of all sizes. On April 28, 2020, the Illinois Department of Human Rights (IDHR) published its model sexual harassment prevention training program, which details the minimum training employers must provide to all employees by December 31, 2020, and every year thereafter.

Model Sexual Harassment Prevention Training Program

Illinois employers may develop their own sexual harassment training program that meets the requirements set forth in the WTA, or they may use the IDHR's model program, which at a minimum can serve as a helpful guide for employers developing their own programs. Under the WTA, the minimum requirements for training are:

• An explanation of sexual harassment consistent with the IHRA;
• Examples of conduct that constitutes unlawful sexual harassment;
• A summary of relevant federal and Illinois statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and
• A summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment.

Restaurants and Bars

The WTA also requires Illinois restaurants and bars to provide the above minimum training, as well as a supplemental sexual harassment prevention training program that includes: conduct, activities or videos related to the restaurant or bar industry; an explanation of manager liability and responsibility under the law; and English and Spanish language options. The IDHR has not yet published its supplemental training model for restaurants and bars.

Record Keeping and Training for Out-of-State Employees and Independent Contractors

Illinois employers are responsible for retaining records showing that all employees received the required sexual harassment prevention training. Out-of-state employees must receive training if they do work in Illinois or interact with other employees in Illinois. While employers are not required to train independent contractors, the IDHR's FAQs strongly encourage employers to do so if an independent contractor works on-site at the employer's workplace and/or interacts with the employer's staff.

No Indication Deadline Will Be Extended Due to COVID-19

The IDHR will not precertify training for compliance with the WTA, so employers who elect not to use the model training program should carefully develop or revisit their training programs and those prepared by outside vendors. While most employers are facing unprecedented business challenges as a result of the COVID-19 pandemic, the December 31, 2020, deadline to provide the required training has not been postponed and there is no indication that it will be. Accordingly, employers should be taking steps now to ensure that they are in compliance with the WTA's training requirements prior to the December 31 deadline.

For More Information

If you need assistance developing and conducting sexual harassment prevention training for your employees, or have any other questions about this Alert, please contact Daniel O. Canales, Jennifer Long, any of the Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are in regular contact.