New IL Sexual Harassment Laws

Illinois Human Rights Act (“IHRA”) was amended and now requires:

• Illinois employers to provide annual sexual harassment prevention training;
• Restaurants and bars to establish and distribute a written policy on sexual harassment prevention training and provide “supplemental” sexual harassment prevention training;

Illinois Department of Human Rights developed a model sexual harassment prevention training program for use by employers. Download the model Sexual Harassment Prevention Training program in PowerPoint format. Alternatively, you can download the training in a PDF format.

What to Know:

Employers who have 1 or more employees must provide a sexual harassment prevention training to their staff.

All employees regardless of their status (i.e. short-term, part-time, or intern) must be trained.

Employers are NOT required to train independent contractors. However, it is strongly advised that independent contractors receive training if they are working on-site at an employer’s workplace or interact with the employer’s staff.

Employee trained elsewhere – do I need to provide additional training?

Employers are encouraged to re-train their new employees, regardless of whether the employee received the required training at a prior place of employment. Employers must independently retain their own records to show that all employees received the required sexual harassment prevention training.

Company based outside IL

Any employees who work or will work in Illinois must be trained, regardless of 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 are required to keep a record of all trainings. Such records must be made available for IDHR inspection upon request. This record may be a certificate or a signed employee acknowledgement or course sign-in worksheet. The records may be paper or electronic.

How soon must new employees be trained?

Employers should provide training to new staff as soon as possible after hire

Failure to provide annual sexual harassment prevention training is a violation of the IHRA. Employees can file a complaint.