EMPLOYER RESPONSIBILITIES REGARDING SEXUAL HARASSMENT

The most powerful way to eradicate workplace sexual harassment is through prevention. The law in Illinois requires certain employers to have in place policies to prevent sexual harassment and to provide annual trainings about sexual harassment and how to file a grievance.

Sexual Harassment Policy Requirements

The Illinois Human Rights Act requires “all parties to a public contract and all eligible bidders” to provide a sexual harassment policy in writing in both English and Spanish that protects employees and job applicants. Unlike the federal law that only applies to employers of 15 or more persons, the Illinois law requires employers to have a written sexual harassment policy regardless of the number of persons employed. Section 2-105(A) (4) of the Act states that a sexual harassment policy must contain the following elements:

  • A statement that sexual harassment is illegal
  • The definition of sexual harassment under the Illinois Human Rights Act
  • A description of the acts that constitute sexual harassment, with examples
  • The employer’s internal complaint procedure, including penalties
  • The legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights (IDHR) and the Illinois Human Rights Commission (IHRC)
  • Information as to how a person can contact IDHR and IHRC
  • Information regarding protection against retaliation under Section 6-101 of the Illinois Human Rights Act
    (Illinois General Assembly, 2020)

Training

The State of Illinois requires that all employers provide mandatory training each year to employees on the topic of sexual harassment. The training program (such as this course) must include at minimum:

  • An explanation of sexual harassment, including its forms and types
  • Actions to be taken by employees who experience or witness sexual harassment
  • Reporting options within the workplace and to outside entities such as the Illinois Department of Human Rights
  • Whistleblower protections
    (Illinois General Assembly, 2020)
EMPLOYER RESPONSIBILITIES

Employers are liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor’s harassment results in a hostile work environment, the employer can be held liable if they do not reasonably try to prevent and promptly correct the harassing behavior and the employee unreasonably fails to take advantage of any preventive or corrective opportunities provided by the employer.

Employers can also be held liable for harassment by nonsupervisory employees or nonemployees over whom they have control (such as independent contractors or customers) if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action (EEOC, n.d.-c).