Illinois Mandates Annual Sexual Harassment Prevention Training Requirement

In August 2019, Illinois passed the Workplace Transparency Act (WTA), which among other things, requires all employers to provide annual sexual harassment prevention training to all employees. It also contains additional, industry-specific sexual harassment prevention training for restaurants and bars.

To help employers meet WTA's requirements, the Illinois Department of Human Rights (IDHR) released a model training guide to aid employers in meeting the set requirements. While employers may implement their own sexual harassment prevention training programs, it must meet or exceed the minimum training standards to be in compliance of WTA.

As stated in WTA (755 ILCS 5/2-109), all programs must comply with the following minimum training requirements:
1. An Illinois Human Rights Act (IHRA)- consistent explanation of sexual harassment;
2. Examples of conducts that constitute unlawful sexual harassment;
3. A summary of relevant federal and state statues concerning sexual harassment, including remedies available to victims of sexual harassment; and
4. A summary of employer's responsibilities in preventing, investigating, and corrective alleged sexual harassment.

While there is no private right of action if an employer fails to provide the sexual harassment prevention training, IDHR may issue a civil penalty upon failure to comply after notice of non-compliance is given to the employer. Employers with at least four employees may face maximum penalties of $1,000 for a first-time offense, $3,000 for a second time offense or $5,000, for three or more offenses.