FCA International has composed a sample policy for prohibited harassment: sexual and other forms of unlawful harassment. Contractors should compose and have a similar policy on hand for employees to reference for training purposes and in the event the policy needs to be put into action.
The Illinois Department of Human Rights (IDHR) has released their model Sexual Harassment Prevention Training Program for Illinois employers.
Formerly Senate Bill 75, Public Act 101-0221, was signed into law by Governor Pritzker in August 2019. Under this Act, Illinois employers are required to train all employees on sexual harassment prevention by December 31, 2020, and on an annual basis thereafter.
Employers must either develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training outlined in Section 2-109(B) of the Illinois Human Rights Act (IHRA), utilize the training programs developed and offered by FCAI or they may use the model training provided by the IDHR.
Now that the IDHR’s model training is available, all Illinois employers should begin planning on how they will administer the training to all employees – this includes part-time employees, short-term or temporary employees, interns, and so on – especially since the IDHR announced that it will not extend the December 31, 2020 deadline due to the COVID-19 pandemic.
For a PDF version, CLICK HERE
For more information, please visit IDHR’s Training Institute at www.illinois.gov/training
CLICK HERE for the 2020 SmithAmundsen Sample Template & Notices – Illinois EEO & Anti-Harassment
Employers may wish to develop or continue using their own anti-harassment training, especially if it covers more than just sexual harassment prevention.
They are free to do so, provided the training includes the following:
- An explanation of sexual harassment consistent with the IHRA;
- Examples of conduct that constitutes unlawful sexual harassment;A summary of relevant state and federal laws concerning sexual harassment, including remedies available to victims of sexual harassment; and
- A summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment.
As long as the training is accessible for employees with disabilities or with limited English proficiency, there is no required format. The training may be live or recorded, there is no minimum or maximum duration, and it need not be interactive.
Employers must keep records demonstrating compliance with the sexual harassment prevention training requirement, either electronically or in paper format.
The records should, at a minimum, include:
- Names of the employees who received training;
- Training date and location;
- Sign-in worksheets, signed employee acknowledgements, certificate of participation, etc.;
- A copy of all written/recorded materials used in the training; and
- The name of the trainer.
Frequently Asked Questions (FAQs) – IDHA Sexual Harassment Prevention & Training
Who is required to train employees?
Employers who have 1 or more employees must provide a sexual harassment prevention training to their staff.
Am I required to train short-term employees, part-time employees, or interns?
Yes, all employees regardless of their status (i.e. short-term, part-time, or intern) must be trained.
If my employee has been trained elsewhere, do I need to provide additional training?
Employers are encouraged to retrain their new employees, regardless of whether the employee received the required training at a prior place of employment. You must also independently retain your own records to show that all employees received the required sexual harassment prevention training. Lastly, employers may ask those employees to provide documentation that they completed the training elsewhere. Each employer is responsible for ensuring that the training received elsewhere is compliant with the IHRA.
If the employer is unable to obtain the proper documentation, the employee must be retrained. Again, the employer is responsible for demonstrating all employees completed the annual training.
For more FAQs, click here