Page 2 - County Bulletin (January 2020)_Layout 1_Neat

The definition of employer under the
Illinois Human Rights Act was amended
last year to cover “any person employing
one or more employees within Illinois
during 20 or more calendar weeks within
the calendar year of or preceding the
alleged violation.”

Mandatory sexual harassment training and related #MeToo

protections take effect in Illinois

Following the trend that began in New York and California, Sexual harassment prevention training must be provided to
Illinois’ own #MeToo-inspired legislation, called the Workplace all employees by December 31, 2020.
[1]
Transparency Act (WTA), applies to all Illinois employers and
took effect on January 1, 2020. The model sexual
harassment prevention
The new law requires employers to: training prescribed by
• Provide employees with annual sexual harassment prevention the WTA has yet to be
training completed by the
• Refrain from entering into mandatory arbitration agreements or Illinois Department of
non-disclosure or non-disparagement provisions that cover Human Rights (IDHR)
harassment or discrimination claims, unless certain conditions and is unlikely to be
are met released prior to
• Disclose settlements and adverse judgments or rulings in which spring 2020.
there was an allegation of sexual harassment or unlawful
discrimination to the Department of Human Rights annually, In the interim, employers looking to get ahead of the curve may
beginning July 1, 2020 utilize other sexual harassment training programs that cover the
• Illinois employers who fail to comply with these requirements minimum requirements. Employers will be permitted to utilize such
may be subject to civil penalties [2] training programs even after the department releases its model
training.
The new law also amends the Illinois Human Rights Act (IHRA)
by: (i) expanding the definition of “employee” to include so-called Mandatory Arbitration, Confidentiality, and
“non-employees” such as contractors and consultants, (ii) allowing Non-Disparagement Provisions
claims of discrimination and harassment based on an employer’s The WTA prohibits employers from entering into contracts
perception that an employee belongs to a protected category, and
(excluding collective bargaining agreements) that prevent former,
(iii) re-defining “working environment” to clarify that an employee’s
current or prospective employees and non-employees from report-
working environment is not limited to any physical location where ing allegations of unlawful conduct to federal, state, or local
an individual is assigned to perform his or her duties.
officials. This prohibition applies to all contracts entered into, mod-
ified, or extended on or after January 1, 2020. If a provision is
The WTA amends the Victims’ Economic Security and Safety
found to violate this prohibition it will be voided and, if applicable,
Act (VESSA) by requiring employers to provide leave to em-
severed from any other enforceable contractual provisions.
ployees who are victims of gender violence or have families
or household members who are victims of gender violence.
Under the WTA, employers are prohibited from entering into
contracts with mandatory arbitration agreements or confidentiality
Mandatory Sexual Harassment Prevention Training
or non-disparagement clauses that cover potential claims of
Pursuant to the WTA, Illinois employers are required to provide
harassment or discrimination, unless actual and sufficient consid-
employees with annual sexual harassment prevention training eration has been exchanged for the provisions, and a written
that, at minimum, covers the following topics:
agreement is in place that expressly states an employee’s right to:
• Explaining what constitutes sexual harassment, as defined by
the WTA • Report to relevant government authorities the employee’s good
faith belief that an unlawful employment practice has occurred
• Providing examples of conduct that constitutes unlawful sexual
• Participate in governmental proceedings
harassment
• Summarizing state and federal laws concerning sexual • Make truthful statements or disclosures as required by law,
harassment, including remedies available to victims of sexual regulation, or legal process
harassment • Request or receive legal advice
• Explaining employer duties and responsibilities pertaining to the
prevention and investigation of sexual harassment, including Any provision that fails to satisfy these criteria is subject to a
corrective measures that must be taken by employers in the rebuttable presumption that it is void as against public policy.
event such harassment is found to have occurred continued on page 3