Chicago employers face new and updated sexual harassment policy and training requirements

Effective July 1, 2022, Chicago employers must comply with several new requirements related to written employment policies, posters and training pursuant to amendments to Chicago’s Human Rights Ordinance (Ordinance). The amendments are designed to expand the protections already provided by the state of Illinois through its Human Right Act.

Employers with operations in Chicago are encouraged to review their employment policies and training ahead of time to ensure compliance.

Below, we outline key features of the amended Ordinance.

Written policy requirement

All Chicago employers must maintain a written policy document prohibiting sexual harassment, which must include, at a minimum:

• a statement that sexual harassment is illegal in Chicago
• the new, expanded definition of sexual harassment (provided below)
• a requirement that all employees participate annually in a minimum of one hour of sexual harassment prevention training and one hour of bystander training, plus one additional hour of sexual harassment prevention training for those who supervise or manage employees
• examples of prohibited conduct that constitutes sexual harassment
• details for reporting internally allegations of sexual harassment and legal services (including governmental services) that are available to victims of sexual harassment and
• a statement that retaliation for reporting sexual harassment is illegal in Chicago. 

This policy must be provided to employees, in their primary language, within the first calendar week of employment.  Employers must also maintain a record of the written policy document and trainings given to each employee for at least five years. 

New posters

All Chicago employers must conspicuously display new posters created by the Chicago Commission on Human Relations in both English and Spanish in at least one location where employees commonly gather.  The posters will be available for download on the Commission’s website by July 1. 

Expanded definition of sexual harassment

“Sexual harassment” is now defined under the Ordinance as:

…any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature or (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.

Increased limitations period

Complaints for violations of the Ordinance may now be filed within 365 days of the alleged violation (increased from 300). 

Additional training for managers and employees

Surpassing the training requirements imposed by the state of Illinois, the City of Chicago requires that, annually, all employees receive one hour of sexual harassment prevention training as well as an additional hour of bystander intervention training.  In addition, managers and supervisors are required to take a second hour of sexual harassment prevention training. Employers may still use the model sexual harassment prevention training program prepared by the State of Illinois or may establish their own programming that equals or exceeds the minimum standards set by the state.

Training must be completed annually, with the first annual cycle running from July 1, 2022 through June 30, 2023.

Increased penalties

Individuals and/or businesses that participate in discriminatory practices, including sexual harassment, will see a tenfold increase in the penalties imposed under the amended Ordinance, which now carries a minimum fine of $5,000 and a maximum of $10,000 per violation. Every day that a violation continues shall constitute a separate and distinct offense. 

If you have any questions regarding the amendments to Chicago’s Human Rights Ordinance, including whether your policy complies, please contact any member of the DLA Piper Employment group, your DLA Piper relationship attorney or the authors of this alert through the links below.