Chicago, Illinois is now requiring employers to update their employee harassment policies and training. These policies must be implemented by July 1st, 2022. All companies with at least one employee will be required to comply with the new amendments put in place by the Municipal Code and Human Rights Ordinance. Within these changes, sexual harassment posters, policies, record keeping, and mandatory workforce training must be implemented.
What Employers Need To Know
By July 1, employers must have each of these amended policies updated in their handbook. Within their policies, it must state that sexual harassment and or retaliation against a reported allegation are illegal within the state of Illinois. More required adjustments include:
- Updated state definitions of harassment
- Annual employee training
- Implement a reporting system with applicable forms
- Recordkeeping alleged claims
- Provide government services
Additionally, Chicago employers are required to display new posters in one or more common areas. New posters have been published by the Chicago Commission on Human Relations in a Spanish and English version.
What is The Policy
Sexual harassment policies must be made available in employees’ primary language. Chicago legislators expanded the definition of sexual harassment, which states, “Sexual harassment means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature or (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.”
Prevention Training
The training must now include one hour of sexual harassment prevention for all employees. However, this is extended for supervisors and managers, which provides a second one-hour bystander training. These trainings are required to be completed by June 30, 2023, and again annually.
The state provides pieces of training through CCHR modules which will be in effect by July 1. However, employers can make changes or develop their own related to their industry.
Failure To Implement
Employers must establish a system to retain the proof of completed courses. In addition, they must also have records showing they remained compliant in adapting the policy changes to their business. Failure to maintain records may result in fines up to $1,000 per day. Fines for violations of sexual harassment within the workplace have increased to $5,000 - $10,000 per violation.
How GMS Can Help
As a business owner, implementing changing regulations can be overwhelming. When you partner with GMS, you can ensure your business will remain compliant. In the event of rapid regulatory changes, our HR experts will always keep you up to date and handle your business’s adjustments with ease. Contact GMS today to learn more!