Summary

Due to changes in legislation, Illinois condominium, homeowner, and townhome associations with at least one Illinois employee are required to provide sexual harassment prevention training on an annual basis.

 

  • Types of community association employees can include door staff, security guards, lifeguards, and maintenance staff.
  • If associations utilize vendor services, the vendor must provide the appropriate training to their employees.
  • The training must be compliant with the Illinois Human Rights Act (IHRA).
  • December 31, 2020 is the first training deadline.
  • Employers who do not comply with the required sexual harassment training will be in violation of the Illinois Department of Human Rights (IDHR) and can face civil penalties.

 

Legislation

In 2018, Illinois passed Public Act 100-0762 requiring licensed professionals who must fulfill continuing education obligations to complete at least one hour of annual sexual harassment prevention training beginning in 2020.

 

In 2019, Illinois Senate Bill 75 (also known as The Workplace Transparency Act) was signed by Governor Pritzker. The Act amended the Illinois Human Rights Act (IHRA) and requires that all Illinois employers must provide annual sexual harassment training to their employees beginning in 2020.

 

Illinois employers are required to train their employees beginning on January 1, 2020.

 

Requirements

The new Illinois Human Rights Act (IHRA) requirements:

 

  • Illinois employers with one or more employees (working in Illinois) must provide sexual harassment training to their staff.
  • Full-time, part-time, short-term, and interns must also be trained.
  • Employers are not required to provide training to independent contractors. However, as noted in the IHRA: “It is strongly advised that independent contractors receive training if they are working on-site at an employer’s workplace or interact with the employer’s staff.”
  • December 31, 2020 is the first training deadline.
  • Training is required annually.
  • Employers must maintain independent training records (paper and/or electronic).
  • The training record can be a completion certificate, sign-in sheet, or signed employee acknowledgement form.
  • Records must be made available for inspection by the Illinois Department of Human Rights (IDHR) to demonstrate that all employees have completed training.
  • Illinois licensed professionals who must fulfill annual continuing education obligations must also complete at least one hour of sexual harassment prevention training every year.

 

Violation

Illinois employers are required to train their employees on an annual basis beginning on January 1, 2020. Employers who do not comply with the required sexual harassment training will be in violation of the Illinois Department of Human Rights (IDHR) and can face civil penalties including:

  • $500 penalty to businesses with less than four employees
  • $1000 penalty to businesses with four or more employees
  • Subsequent violations can range from $3000 to $5000

 

Training

Employers can develop their own sexual harassment prevention training. They can also utilize a third party to provide the training. Any training must meet or exceed the standards outlined in Sections 2-109 and 2-110 of the Illinois Human Rights Act (IHRA).

 

Per the IHRA, compliant training must include:

  • An explanation of sexual harassment consistent with the IHRA;
  • Examples of conduct that constitutes unlawful sexual harassment;
  • A summary of relevant federal and State statutory provisions 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.

 

The Illinois Department of Human Rights (IDHR) provides IHRA compliant information about sexual harassment prevention training on their website:

 

If your association has questions about how these legislative changes impact your community, do not hesitate to contact our law firm. Please call 855-537-0500 or visit www.ksnlaw.com.

 

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered.