How do Chicago’s new sexual harassment training requirements differ from existing Illinois requirements?
BLUF: Chicago employers must provide two hours of sexual harassment prevention training annually for Supervisors, one hour for all other employees, PLUS one hour of Bystander Intervention training annually for everyone, raising the bar on Illinois’ training requirements.
Chicago’s New Requirements
The city of Chicago is the latest major jurisdiction to require annual training aimed at preventing sexual harassment. Chicago’s requirements expand on the training requirements that Illinois put in place just a few years ago, which followed on the heels of laws passed in California, New York State, New York City, and other jurisdictions in recent years.
All Chicago employers (per Section 6-10-040(b)(1)(C) of the Municipal Code of Chicago), must now provide the following training to their employees every year:
Sexual Harassment Prevention Training
For supervisors/managers – 2 hours (minimum) annually
For all other employees – 1 hour (minimum) annually
Bystander Intervention Training
For all employees – 1 hour (minimum) annually
If you’ve been following other state laws, you know that a two-hour annual training requirement for supervisors is noteworthy, surpassing California’s requirement for two hours of supervisory training every 2 years. And the one-hour of annual Bystander Intervention training is in addition to that.
The new training requirements - and the expansion of the definition of sexual harassment to include "sexual misconduct“ - are a part of the city’s new strategic plan, titled the “Citywide Strategic Plan to Address Gender-based Violence and Human Trafficking.” According to the mayor’s office, the enhancements also “seek to increase collective accountability across communities and within workplaces and dispel the myth that sexual harassment is a personal issue.”
The new training requirement is effective July 1, 2022, “meaning that by June 30, 2023, all employees must receive the required trainings as their first round of annual training,” per the city’s guidance.
What’s Different? Chicago vs. Illinois
At the state level, Illinois has required employers to provide annual sexual harassment prevention training since 2020, when training requirements were added to the Illinois Human Rights Act (IHRA). This leaves Chicago employers in a position to determine how they need to evolve their current training to meet Chicago’s new requirements.
There are a few noteworthy differences between Chicago’s new training requirements and the existing Illinois requirements:
Chicago’s sexual harassment prevention training for supervisors must be a minimum of two hours annually; Illinois does not have a duration requirement.
Chicago’s sexual harassment prevention training for all other employees must be a minimum of one hour annually; Illinois does not have a duration requirement.
Chicago requires one hour annually of separate bystander intervention training; Illinois does not have such a requirement.
What does this mean for Chicago employers?
It means that unless your current training has gone well above and beyond Illinois’ requirements, your current Illinois training will not meet Chicago’s new training requirements. You’ll need a new training series that meets the expanded requirements.
Coming Soon: Respectful Workplace Chicago Series
You’ll be able to address all of the new requirements with our expanded Respectful Workplace series:
A Chicago Edition of the Respectful Workplace Sexual Harassment Prevention Series is coming soon and will be available for roll-out in mid-Summer 2022.
A new Bystander Intervention course will be available within the next few months as well.
Existing subscribers to the Illinois edition of Respectful Workplace will be able to upgrade to the new Chicago series as soon as it is available. This means that if your next round of Illinois training is coming up, you’ll be in a position to go ahead and meet the new Chicago requirements as well.
Other Chicago Requirements Worth Noting
Every Chicago employer must now have a written policy prohibiting sexual harassment, addressing the requirements in Section 6-10-40 of the Municipal Code of Chicago – which must be provided to new employees within the first calendar week of starting employment.
Every Chicago employer must conspicuously display posters designed by the Commission about the prohibitions on sexual harassment.
Every employer must maintain a record of the policy documents and trainings provided to each employee – for at least 5 years or for the duration of any claim, civil action, or pending investigation, whichever is longer.
Are you in search of effective harassment prevention training?
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Important Notice: The content of this article is for informational purposes only and is not intended to serve as legal advice. You should not act or rely on information included above without first seeking the advice of an attorney.