Thousands of employers choose Clear Law Institute’s sexual harassment training.
On August 9, 2019, Illinois Governor J.B. Pritzker signed Senate Bill 75, the Workplace Transparency Act, which amended the Illinois Human Rights Act. The Act requires all employers in Illinois to provide sexual harassment training to all employees each year. In addition to requiring annual sexual harassment training, the law made other major changes to Illinois harassment and discrimination laws.
In addition to the Workplace Transparency Act, in 2018 Illinois passed Public Act 100-0762, which requires licensed professionals with continuing education requirements to complete at least one hour of sexual harassment prevention training annually.
To help companies comply with these new legal requirements in Illinois, Clear Law Institute has provided answers to Frequently Asked Questions (FAQs) below. In addition, the city of Chicago has recently passed its own law requiring workplace harassment training with its own set of requirements. Our Illinois training meets these requirements and you can learn more about the Chicago requirements below.
All employers with 1 or more employees working in Illinois must provide all employees with sexual harassment training that meets the new training requirements in the Illinois Human Rights Act (IHRA).
All supervisory and nonsupervisory employees must be trained, including short-term employees, part-time employees, and interns.
Covered employers must provide sexual harassment training to new employees within six (6) months of hire and must train new supervisors within six (6) months of assuming a supervisory position.
A supervisor is anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees. A supervisor is also someone with the authority to effectively recommend these actions if exercising that authority requires the use of independent judgment.
Illinois employers must provide sexual harassment prevention training to all employees once every calendar year.
Under the Illinois Human Rights Act (IHRA), the training must include all of the following:
The IDHR encourages Illinois employers to train all new employees, even if the employee received sexual harassment prevention training at a prior employer. Illinois employers are required to keep records that show that all employees received sexual harassment training. In addition, employers are responsible for ensuring that the sexual harassment prevention training received is compliant with the IHRA. Most employers find it easier to provide the training again to ensure compliance.
The Illinois Department of Human Rights (IDHR) strongly recommends that independent contractors receive training, especially if they work on-site or interact with the employer’s staff. However, the new law does not require employers to train independent contractors.
Yes, in addition to the mandatory sexual harassment training, restaurant and bars must provide supplemental training specifically aimed at preventing sexual harassment in the restaurant and bar industry. The training must include:
Illinois employers must keep records of all sexual harassment prevention training. Upon request, these records must be made available for inspection by the IDHR. The mandatory training record may be a certificate of completion, a signed employee acknowledgment, or a course sign-in sheet. Both paper and electronic records are permissible.
Yes, employers are required to provide sexual harassment prevention training that is accessible to their employees. If an employee has disabilities or speaks a language other than English, training must be provided to the employee in an accessible manner.
Yes, you can have employees take the training outside of working hours. However, employees required to take the training outside of their regular working hours must be paid for their time.
Failure to provide the training is a violation of the Illinois Human Rights Act (IHRA). Illinois employers who do not provide compliant training will be subject to civil penalties, including a $500 penalty to businesses with less than 4 employees or a $1,000 penalty to those with 4 or more employees. Penalties for subsequent violations can rise to $5,000 per violation.
Yes, employees can report employers for not complying with the Illinois sexual harassment prevention training requirements. The Illinois Department of Human Resources (IDHR) allows employees to anonymously report their employer for failure to provide the sexual harassment prevention training via phone or online form.
No, employees don’t need to take sexual harassment prevention training more than once a year. Employers should request employees provide proof of completion at another employer. Employers, not employees, are responsible for ensuring that sexual harassment prevention training taken elsewhere complies with the training requirements. If there is a question regarding whether the sexual harassment training is compliant, employers should train the employee again.
Yes, in addition to the requirement to provide supplemental training, restaurants and bars must establish a written sexual harassment prevention policy in both English and Spanish. This policy and instructions on how to report sexual harassment incidents must be given to employees within the employee’s first calendar week of employment at the restaurant or bar.
Licensed professionals in Illinois with an annual continuing education requirement that are overseen by the Illinois Department of Financial and Professional Responsibility (IDFPR) must complete at least one hour of sexual harassment prevention training annually.
Licensed professionals who renew their license with the IDFPR after January 1, 2020 must complete at least one hour of sexual harassment prevention training in their continuing education requirements.
Yes, under Public Act 100-0762, sexual harassment prevention training for licensed professionals may only be provided by IDFPR approved continuing education providers. In addition, the training must include content on:
Clear Law Institute is an IDFPR approved provider and our course, Positive Workplace: Preventing Harassment at Work, includes all topics required by the IDFPR.
Yes, guidance provided by the IDFPR and the Illinois Department of Human Rights (IDHR) state that the sexual harassment prevention training may be taken online.
Yes, licensed professionals who take a course from an IDFPR approved provider can complete both requirements using one course. Clear Law Institute is an IDFPR approved provider and our course, Positive Workplace: Preventing Harassment at Work, meets all training requirements under the Workplace Transparency Act.
Currently, attorneys are not required to complete 1-hour of sexual harassment training under Public Act 100-0762. Illinois attorneys’ continuing education is not regulated by the IDFPR but is overseen by the Minimum Continuing Legal Education Board of the Supreme Court of Illinois (MCLE Board). Public Act 100-0762 applies only to licensed professionals with continuing education requirements overseen by the IDFPR.
However, Illinois attorneys are still required to meet the training requirements under the Workplace Transparency Act.
As one of the largest providers of continuing legal education in the country, Clear Law Institute’s course, Positive Workplace: Preventing Harassment at Work, can be taken for CLE credit in Illinois and meets the Workplace Transparency Act requirements.
In addition to the training requirements discussed above, the Workplace Transparency Act makes the following changes:
On April 27, 2022, the Chicago City Council passed an amendment by the Commission on Human Relations and Mayor Lori Lightfoot to the city’s sexual harassment laws. The amendment includes increased sexual harassment training requirements for employees and managers, an expansion of the definition of sexual harassment, a new requirement for employers to establish a written policy on sexual harassment, and stricter penalties for violations.
Clear Law Institute is closely monitoring the changes to the Chicago Human Rights Ordinance, including the addition of training requirements. Beginning on July 1, 2022, the required annual training will include:
Employees must complete their first annual training by June 30, 2023. By complying with the Chicago ordinance, employers will also be in compliance with the less stringent Illinois state training requirements. Clear Law has been in contact with and will continue to consult with the Chicago Commission on Human Relations to ensure that our training complies with all aspects of the new Chicago Human Rights Ordinance.
Review the new information on the Chicago Human Rights Ordinance and Chicago EEO law here.
Hundreds of employers rely on Clear Law Institute to provide online sexual harassment training to their employees across the country, given that our training:
Clear Law Institute’s online course, Positive Workplace: Preventing Harassment at Work, is used by hundreds of employers across the nation, including numerous Fortune 500 companies. Learn more about the online harassment training and view a free course demo.
Michael Johnson, CEO of Clear Law Institute, is a former U.S. Department of Justice attorney who brought one of DOJ’s first “pattern or practice” sexual harassment cases. He has provided training and consulting on harassment prevention or investigations to organizations around the world, such as the EEOC, the United Nations, and Google. He is a graduate of Duke University and Harvard Law School. Read more about Michael here.