NEW SEXUAL HARASSMENT PREVENTION OBLIGATIONS FOR EMPLOYERS ADOPTED BY THE CITY OF CHICAGO

Chicago City Council has implemented new policy and training obligations for employers that are to take effect July 1, 2022. Under the new ordinance, employers are to provide training to employees and supervisors on sexual harassment prevention and bystander response.

Additionally, the new ordinance substantially revised sections of the Human Rights Ordinance incorporating former section 2-160-040 ("Sexual Harassment") into section 6-10-040, and moving Chapter 2-160 ("Human Rights") of the Municipal Code to Article 6 ("Worker Protections").

POLICY AND TRAINING OBLIGATIONS

Section 6-10-040 revisions establish new policy and training obligations for employers with work locations in, or licensed by, the City. Notably, the revisions require employees to have a written policy that must be provided to employees in the employee's principal language within the first calendar week of employment.

Additionally, every employer must require its employees to participate in mandatory annual trainings. Although minimum standards are not defined for bystander training, sexual harassment prevention training must be administered pursuant to the annual training requirements set forth by the Illinois Human Rights Act (IHRA), or employers can their own training that is equal to, or exceeds, the minimum requirements contained in the IHRA.

Employers must also display posters designed by the Commission in at least one location where employees gather. A minimum of two posters—one in English, and one in Spanish—must be displayed.

The ordinance requires that employers must retain written record of the policies and trainings provided to each individual employee for up to five years or for the duration of any pending action—whichever is longer.

The amendment to the ordinance effects the Municipal Code through increasing the time in which a claim can be filed with the Chicago Commission on Human Relations from 300 to 365 days. The amendment also provides that the Commission may delay issuing a complaint to the respondent for up to 30 days after it has been filed in cases of sexual harassment.