Sexual harassment continues to be in the news as politicians, entertainers, sports figures, and business managers and executives ruin their reputations and careers and force people to put up with their degrading behavior.

A typical case can cost employers hundreds of thousands of dollars in financial and legal liability and subject employees to undue physical and emotional stress.

Illinois Sexual Harassment Prevention Requirements 2023

• Mandated Content: Section 2-109(B) of the IDHA requires that training include: an explanation of sexual harassment consistent with the IHRA; 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 employers in the prevention, investigation, and corrective measures of sexual harassment. Restaurants and bars must also provide specific content to their employees.

• The laws apply to Illinois employers with 1 or more employees so virtually all employers must comply.

• Some training focuses only on sexual harassment. While this may be the most newsworthy form of harassment, it is certainly not the only type. And some examples that are provided are so graphic in themselves, going through the training could be considered harassment. A better approach is to use a big picture approach to all forms of harassment and discrimination and to use general examples that everyone will understand. Furthermore, a specific example could trigger a negative reaction from staff, so don’t select a training that will be traumatic for employees on its own.

• The City of Chicago requires all employers to conduct Bystander Intervention Training in addition to annual Harassment Prevention Training. This course is provided free to ALL clients, whether the training is required or not. Although it may not be mandated, this simple training in Active Bystander Training can make a huge difference to diffuse and de-escalate a situation in the moment. This training is part of any employer’s prevention and response program to improve workplace conduct and avoid liability. The one-hour video-based course, with case studies and a test, includes certificates of completion and records management. This training must be completed by June 30, 2023.

• Illinois requires the training to be every year. Other states have similar requirements, so if you are operating in other states, you will want to check those mandates. Our platform includes state-specific content to ensure compliance across all 50 states.

• New Hires should be trained as soon as possible. According to the rules, new employees should be trained as soon as they are hired to ensure they know the standards and how to report harassment.

• Employers must be aware of deadlines: The pandemic made that difficult and many employers may not be in compliance. However, smart employers will comply with regular proactive training and maintain all training documentation in case of an IDHR audit.

• Employers must distribute the state poster and training in accessible formats for disabilities or language.

There are also requirements for specific verbiage in your harassment prevention policy and complaint handling procedures.

Proactive Harassment Prevention —> Positive, Productive, People

Smart employers will take definitive preventative steps to ensure that their employees are not involved in a situation of harassment in the workplace.

In addition to a solid harassment prevention policy and complaint handling procedure, the EEOC has strongly encouraged employers to conduct harassment prevention training for over 20 years. Illinois has taken requirements further, mandating training for virtually all employers.