Illinois releases guidance on new anti-harassment training requirement

Background:

In 2019, Illinois enacted legislation (Senate Bill 75) that imposes new requirements for employers to provide sexual harassment training. Under the law, effective January 1, 2020, private employers with employees working in Illinois must provide training on preventing sexual harassment.

The training must be provided to all employees at least once each year. Employers must either use model training that will be created by the state or adopt their own training that meets or exceeds state requirements.

Restaurants and bars are subject to additional requirements.

Guidance:

The guidance includes answers to frequently asked questions, which indicate that:

• The model training will be available at some point in February 2020 here.
• Any employee who works or will work in Illinois must be trained, regardless of their status (such as short-term, part-time, or intern) or whether the employer is based in Illinois. If an employee is based elsewhere but regularly interacts with other employees in Illinois, even if they are not physically present in Illinois, they should be trained.
• Employers must provide their employees with training by December 31, 2020 and annually thereafter. However, employers are encouraged to train employees as soon as possible.
• If employees have disabilities or speak a language other than English, employers must train employees in a manner that is accessible to them.

Compliance Recommendations:

Employers with employees in Illinois should review the guidance in full and check the website regularly for the release of the model training. Please contact your dedicated service professional with any questions.