Sexual Harassment Training In Illinois

In this article, we will go over Sexual Harassment Training in Illinois.

Next are the few things we will cover:

  • Requirements
  • Who Needs To Do It?
  • Deadlines for Employers
  • Why Is It Important?
  • Penalties & Fees

This article should give you all the information you need as an employer or employee in Illinois.

It will help you will make the right decisions, and make sure you comply with the law.

If all you are looking for is to buy the training, just click the next button:

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Introduction to Sexual Harassment Training In Illinois

First of all, Illinois’ new law, SB 75, also known as the Workplace Transparency Act, requires every employer to provide sexual harassment prevention training.

Sexual harassment training is an incredibly important aspect of keeping a happy and safe workplace environment. In recent years there have been many cases that have shed light on the topic.

Cases like Harvey Weinstein have been headlines due to the number of people it impacted and the horrific stories throughout the years.

What is Sexual Harassment?

The Ethics Act defines sexual harassment.

“Sexual harassment” means any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when:

  1. Someone uses harassment as a condition to employ you.
  2. Someone uses harassment as a condition to advance or demote you in your employment (Quid Pro Quo).
  3. It substantially interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.

For purposes of this definition, the phrase “working environment” is not limited to a physical location; an employee is assigned to perform his or her duties and does not require an employment relationship.

Ethics Act, 5 ILCS 430/5-65(b).

But to better understand what that means, there are two types of unlawful sexual harassment:

  • Quid Pro Quo: “You do something for me, and I’ll do something for you.”
  • Hostile work environment: Unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature has the purpose or effect of substantially interfering with an individual’s work performance

What Training Do Employers Need To Provide In Illinois?

Illinois new law limits the use of employment policies or other types of legal agreements to prevent an employee from reporting sexual harassment.

So employers can’t use non-disclosure agreements, arbitration clauses for cases involving harassment, discrimination, and retaliation.

If you have a business in the State of Illinois, you are required to adopt a sexual harassment prevention

The Department of Human Rights is supposed to create a model training program for employers to train their employees.

All the training need to include:

  • What is sexual harassment
  • Examples of sexual harassment
  • A summary of federal and state laws about sexual harassment
  • What to do if you are a victim of sexual harassment
  • Responsibilities employers have to prevent, investigate, and adequately handle sexual harassment.
Illinois offers its own training, BUT their training doesn’t comply with the requirement to make training “interactive.”
Training needs to be interactive, which means you have a chance to ask questions and get answers to your questions.

Which Employees Need To Get Trained In Illinois?

In reality, it is very simple, Illinois law says ALL employers need to provide training to employees on an annual basis.
Training is required for:
  • All contractors – yes you need do the training even as an independent contractor.
  • Any full-time employees
  • All supervisors

When Is the Deadline for Training In Illinois?

All employers have to provide training to employees by December 31st, 2020.

So the deadline is already here for everyone. In reality, in the state of Illinois there are no exceptions to this rule. Training is mandatory and it applies to:

  • supervisors
  • employees
  • independent contractors

As you can see, every employee needs to be trained.

 

What Happens If I Haven’t Trained My Employees?

Employers who do not provide proper training will be subject to civil penalties.

Some of the penalties can be:

  • $500 penalty to businesses with less than four employees
  • $1,000 penalty to those with four or more employees
  • subsequent violations can rise to $5,000 per violation

More importantly, the penalties can be much more significant if you do not do the training, and there is a claim in your company. Your liability can significantly increase.

Who Can Provide Sexual Harassment Training In Illinois?

There are three types of qualified trainers:

  1. Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law.
  2. Human resource professionals or harassment prevention consultants with at least two years of practical experience.
  3. Law school, college, or university instructors with a post-graduate degree.

Neither DFEH nor any other state agency issues licenses or certificates validating a person’s qualifications to teach sexual harassment prevention, training classes.

Why Is Sexual Harassment Prevention Training Important?

In reality the reason training is important it’s straightforward.

You need to have a good workplace environment where every employee feels safe. This safety will help them feel better, work better, and interact better with everyone.  Also, you need to make sure that there is no retaliation in the workplace. This can be incredibly toxic for your company. 

Liability To The Employer

As a good employer, you have to prevent harassment. Not only is it good business, but also you need to comply with the law.

So this means there is a massive burden if you do not comply with the law. This opens up every company to significant liability.

Claims on sexual harassment in Illinois can be quite large, and they can cripple any business.

Retaliation in the Workplace Or Whistleblower Protections

If you are a business owner you should know there are strong laws about retaliation. Retaliation is when someone looks for revenge against someone that has reported them.

Retaliation against individuals who report sexual harassment is prohibited by the Ethics Act, the Human Rights Act, and the Whistleblower Act.

A more formal definition of retaliation is:

Retaliatory action includes reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any employee.

These are some of the risks that a good training should help avoid.

 

What Are My Options For Sexual Harassment Training In Illinois?

We offer complete sexual harassment training that complies with Illinois State Law. 

Our training has been vetted by attorneys to make sure it will check all the boxes you need.

Through harassment alert, you also get:

Sexual Harassment Prevention Training

Small video sections designed to help all employees learn quickly, and efficiently. You can access our training from any device and from any place. 

Compliance Follow Up

You do not want the liability of your employees not doing their training. We offer a simple way to keep track of every employee, and their status with the training. This way you make sure that everyone performs every step that they are required.

This feature comes for free.

Custom Policy Manager

Not only you have a duty to prevent sexual harassment with training, but you also need to have the right policies in place. All your employees need to how to act and react. Also your policy need to be signed by everyone, which we can do easily in our platform.

This comes for free in our platform.

Whistleblower Portal

With us, you will get an entirely anonymous Whistleblower Portal. This portal will help you properly handle any sexual harassment cases, and any other complaints.

Many of these features come for free!

Try it out.

Sexual Harassment Prevention Training Online

Free Policy Manager & Free Compliance Follow Up

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