Illinois SB75, codified at 775 ILCS 5/2-109
Chicago SO2022-665, codified at Municipal Code § 6-10-040
Chicago’s initial training deadline: July 1, 2023
What are Illinois’ and Chicago’s sexual harassment prevention training requirements?
The state of Illinois’ sexual harassment prevention training requirements were set by SB 75. This law requires all private sector employers in Illinois to provide sexual harassment prevention training at least once per calendar year. In addition to the base training that all employers must provide, restaurants and bars must also provide supplemental training.
Separately, the city of Chicago recently enacted sexual harassment prevention and bystander intervention training mandates that require Chicago employers to provide the training by July 1, 2023, initially, and annually after that. The annual sexual harassment prevention training must be at least one hour for non-supervisory employees and two hours for supervisory employees. Annual bystander intervention training must be at least one additional hour for all employees.
What must sexual harassment prevention training in Illinois and Chicago cover?
The state of Illinois’ harassment training law requires the training to include an explanation of sexual harassment under Illinois law; examples of unlawful sexual harassment; a summary of relevant federal and Illinois statutes concerning sexual harassment, including remedies available to people who experience sexual harassment; and a summary of employers’ responsibilities to prevent, investigate, and take measures to correct sexual harassment. These are the minimum standards that must be in all training, including model training that the state must produce. Employers may provide training that exceeds these minimum standards.
Chicago’s new ordinance mandates sexual harassment prevention training to cover at least the same content and minimum standards as required by the state of Illinois (and that are included in the state-produced model training). The city also mandates employers to provide additional training that covers bystander intervention.
Who does Illinois’s Senate Bill 75 apply to?
Senate Bill 75 applies to all companies with 1 or more employees in Illinois. The law also requires that all restaurants and bars provide supplemental training that covers specified content.
Who does Chicago’s ordinance apply to?
Chicago’s sexual harassment prevention and bystander intervention training mandates apply to businesses with one or more employees in the current or preceding calendar year that have employees who work within the geographical boundaries of Chicago. Guidance from City authorities further clarifies that even employees who work within the geographical boundaries of Chicago only occasionally or as a remote employee must be trained. In addition, any manager or supervisor who works outside of Chicago but who manages or supervises an employee who works within the boundaries of Chicago must receive training.
What does this mean for you?
This is a big shift for Illinois and Chicago employers and you will likely need to make a number of changes to satisfy the Illinois and/or Chicago’s harassment prevention training requirements. As a first step, you will need to identify, schedule, and deliver sexual harassment training for all of your employees and make a plan for any new additions to your team.
Want to learn more about the mandates across North America?
The EVERFI team of dedicated in-house attorneys wants you to have a clear understanding of which states and provinces require harassment training. Explore our interactive guide to sexual harassment prevention training requirements.