New Chicago Sexual Harassment Training/Policy Requirements

​Beginning July 1, 2022, any Chicago employer who has work locations in Chicago must comply with new sexual harassment prevention training and other requirements.
The Chicago Commission on Human Relations recently amended Chicago’s Human Rights Ordinance.  The amended Ordinance enhances sexual harassment protections and requires employers to implement annual training programs for employees located in the City of Chicago. These rules are stricter than Illinois requirements.
What does the amended Ordinance entail?
Enhanced Definition of “Sexual Harassment” 
Under the amended Ordinance, “sexual harassment” now explicitly includes “sexual misconduct,” i.e., “any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.” 
 
Covered employers are required to:

• Provide annual training for employees (1 hour) and supervisors (2 hours) on sexual harassment prevention and bystander intervention (1 hour).
• Adopt/update a written sexual harassment policy.
• Display a poster in a conspicuous area in the workplace

The first trainings must occur by June 30, 2023.
Sexual harassment policy.
All city of Chicago employers must have a written policy (by July 1, 2022) including:

• A statement that sexual harassment and retaliation for reporting same are illegal in Chicago;
• The definition of “sexual harassment” which, unlike federal or state law, includes sexual misconduct (“any behavior of a sexual nature involving coercion, abuse of authority, or misuse of an individual’s employment position.”)
• The annual training requirements for sexual harassment prevention and bystander intervention;
• Examples of conduct that constitutes sexual harassment; and
• Employee resources, including:
  • How to report allegations of sexual harassment internally (e.g. to a manager, corporate headquarters, or HR); and
  • Legal services, including governmental services, available to individuals who may have experienced sexual harassment.

The written policy must be available in employees’ primary language within the first week of their employment.
Poster. Conspicuously display (in English and Spanish), in at least 1 location where employees commonly gather (or online if remote), posters designed by the Chicago Commission on Human Relations (the Commission), which can be found on their website:
https://www.chicago.gov/content/dam/city/depts/cchr/supp_info/SexualHarassment/sh-poster/SHPosterBusinesses.pdf
Other Changes and Procedures 
Longer statute of limitations. Employees now have 365 days (not 300) after a violation to file a complaint.
Records. Businesses must retain for at least 5 years (or for the duration of any claim, civil action or investigation pending, if longer), records regarding their sexual harassment policy, training, and compliance with the ordinance.
Penalties. Fines range from $500 to $1,000 per violation. Every day that a violation continues is considered a separate and distinct offense.
Next Steps
If you are a covered employer, review/update or creation of a written sexual harassment policy is crucial. Obtain and display the posters by July 1. Next, make arrangements to provide the new training by June 30, 2023 (though the State of Illinois requires Sexual Harassment training each calendar year).
The updated training and bystander intervention training will be available through my alliance with EasyLlama by the end of July, 2022.
Please contact me for further information about required trainings and to update your policy.