Chicago Adopts New Anti-Sexual Harassment Coaching and Different Obligations for Employers
On July 1, 2022, all employers within the metropolis of Chicago will need to have a written coverage prohibiting sexual harassment. Beneath the ordinance, an “employer” is outlined as “any particular person, partnership, affiliation, company, restricted legal responsibility firm, enterprise belief, or any particular person or group of individuals that gives employment to a number of workers within the present or previous calendar yr and any agent of such an entity or particular person.” Nonetheless, to be thought of an “employer” and topic to the ordinance, an “employer” should (1) be topic to Chicago licensing necessities; or (2) keep a enterprise facility throughout the geographic boundaries of the town of Chicago limits. Beneath the ordinance, “worker” is outlined as “a person who’s engaged to work throughout the geographical boundaries of the town of Chicago for or beneath the route and management of one other for financial or different precious consideration.”
The written coverage prohibiting sexual harassment should embrace the next:
- A press release that sexual harassment is prohibited within the metropolis of Chicago;
- The next definition of sexual harassment: “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 both explicitly or implicitly a time period or situation of a person’s employment, or (2) submission to or rejection of such conduct by a person is used as the idea for any employment determination affecting the person, or (3) such conduct has the aim or impact of considerably interfering with a person’s work efficiency or creating an intimidating, hostile or offensive working atmosphere; or (iii) sexual misconduct, which suggests any habits of a sexual nature which additionally includes coercion, abuse of authority, or misuse of a person’s employment place”;
- A requirement that each one workers take part in anti-sexual harassment prevention coaching yearly (see under for particulars);
- Examples of prohibited conduct that constitutes sexual harassment;
- Particulars on how an worker can report an allegation of sexual harassment, together with, as applicable, directions on make a confidential report, with an inner grievance kind, to a supervisor, employer’s company headquarters or human assets division, or different inner reporting mechanism;
- Data on authorized companies, together with governmental companies, which are accessible to workers who could also be victims of sexual harassment; and
- A press release that retaliation for reporting sexual harassment is prohibited within the metropolis of Chicago.
The written coverage have to be made accessible within the worker’s main language throughout the first calendar week of their employment.
On July 1, 2022, all employers will probably be required to have all their workers take part within the following trainings yearly (i.e. by June 30, 2023, and each June 30 thereafter) and for the required time durations: (a) One hour of sexual harassment prevention coaching for all workers; (b) two hours of anti-sexual harassment prevention coaching for all supervisors/managers; and (3) one hour of bystander coaching for all workers. Bystander intervention coaching teaches methods on how onlookers can contain themselves instantly and not directly into harassment incidents to assist these being focused.
Employers additionally should retain written information of the insurance policies and trainings given to every worker, in addition to different information vital to point out compliance with the ordinance. The information have to be retained for a interval of at the least 5 years or during any declare, civil motion, or investigation pending pursuant to the ordinance, whichever is longer. Failure to take care of the required information creates a presumption (rebuttable solely by clear and convincing proof) that the employer violated the ordinance.
By July 1, 2022, all employers should conspicuously show, in at the least one location the place workers generally collect, posters designed by the Chicago Fee on Human Rights discussing prohibitions on sexual harassment. Employers should show at the least one poster in English and one in Spanish.
An employer that fails to adjust to the mandates associated to the data required within the written anti-sexual harassment coverage, fails to supply the required trainings and for the time-specified durations, or fails to show the required posters, are topic to fines between $500 and $1,000 for every offense. Each day the violation continues and isn’t cured constitutes a separate and distinct offense. Different violations of the ordinance may have fines imposed between $5,000 and $10,000 for every offense.
Lastly, workers who’re victims of any type of discrimination, together with sexual harassment, will now have twelve months, as an alternative of 300 days, to file a grievance with the Chicago Fee on Human Rights.
For questions on how this impacts you or what you are promoting, please contact a member of our Employment & Labor Follow Group.
