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Human Resources Corner

Donna Rogers, MEd., SPHR, SHRM-SCP

In conjunction with this month’s training topic presented by the I would recommend all sexual harassment prevention training
Illinois Association of County Board Members in Springfield on be documented on a roster with all attendees listed to include
February 26, 2020 covering the Workplace Transparency Act and signatures. Either have them print their names then sign or
Sexual Harassment Prevention Training, I’d like to summarize have them sign beside their preprinted signature, because
some of the main points. sometimes you may not be able to read their signatures to
As the program description described, the Illinois Workplace verify attendance.
Transparency Act imposes a variety of restrictions and require-
ments on employers relating to workplace discrimination and Then double check with your payroll roster to make sure all
harassment including annual sexual harassment prevention train- employees have attended, and schedule make ups if necessary.
ing for all employees. The training covered the standards for all Another option is to have individual attendees sign an acknowl-
counties to get into and stay in compliance. edgement of attendance and put in their personnel file.
The most recent Public Service Announcement issued on Even though EEOC Claims are down overall in 2019 and at a
Feb. 25 by the Illinois Department of Human Rights (IDHR) was 27-year low, I might add, sex related claims remain higher than
introduced covering the need to provide training to all employees they should be at 23,532 charges in 2019. Just two years ago
no later than December 31, 2020 and annually thereafter with all only 1% of workers in the US were required to participate in sex-
new employees being trained within 90 days of that first annual ual harassment training. Now with the inclusion of the new Illinois
training in 2020. The problem is the state is supposed to develop law 20% are now required which included every employee work-
a program for all employer to do this training, but as of this writing, ing for all employers in the entire state. That alone is a massive
they have not yet done so. However, they have given guidance on undertaking and is why it is taking so long for IDHR to meet
what shall be included so that you can either hire someone to do it the new requirement as stated in the act:
for you or you can develop your own training program.

The four elements that must be present in county related “the Illinois Department of Human Rights ("IDHR") to
training consist of the following four items which were develop a model sexual harassment prevention training
covered in detail: program for use by employers. Employers may develop
their own sexual harassment prevention training
an explanation of sexual harassment consistent program that equals or exceeds the minimum standards
ITEM 1
with the Illinois Human Rights Act (IHRA); for sexual harassment prevention training outlined in
Section 2-109(B) and/or Section 2-110(C) of IHRA”
examples of conduct that constitutes unlawful
ITEM 2
sexual harassment;
Bottom line is having patience with IDHR or find a training
a summary of relevant federal and state statutory
ITEM 3 resource if you want to check this requirement off your to do list
provisions concerning sexual harassment, including
remedies available to victims of sexual harassment; earlier than the end of the year. My recommendation is to find a
time of year that is typically the slowest for you during a normal
a summary of responsibilities of employers in the year and stick with it as a routine month to do the training since
ITEM 4
prevention, investigation, and corrective measures it’s an annual requirement you can follow year to year.
of sexual harassment.
Donna is the owner of Rogers HR Consulting and serves as
Additional topics in the new law that are of importance to a consultant for the Counties of Illinois Risk Management
county government are the last bullet that follows. Agency (CIRMA).
• Limits the use of contract provisions intended to prevent
employees from reporting sexual harassment, such as
non-disclosure agreements and arbitration clauses. Makes
harassment against contract employees illegal.
• Prohibits employers from disclosing the name of a victim
of an act of alleged sexual harassment or unlawful
discrimination in any disclosures.
• Also, requires local governments to report and provide an
independent review of allegations of sexual harassment
made against local elected officials. Effective Jan. 1, 2020
(certain provisions immediate).