State of Illinois-IDHR Sexual Harassment Prevention Training

State of Illinois

Department of Human Rights

STATE OF ILLINOIS

SEXUAL HARASSMENT

PREVENTION TRAINING

SEXUAL

HARASSMENT

IS PROHIBITED

IN ILLINOIS

 The Illinois Human Rights Act makes it a civil rights violation “[f]or any

employer, employee, agent of any employer, employment agency or labor

organization to engage in sexual harassment.” 775 ILCS 5/2-102(D).

 The Illinois General Assembly finds that tolerance of sexual harassment

has a detrimental influence in workplaces by creating a hostile

environment for employees, reducing productivity, and increasing legal

liability.

 The State of Illinois encourages employers to adopt and actively

implement policies to ensure their workplaces are safe for employees to

report concerns about sexual harassment without fear of retaliation, loss

of status, or loss of promotional opportunities.

EMPLOYERS REQUIRED TO PROVIDE SEXUAL

HARASSMENT PREVENTION TRAINING FOR ALL

EMPLOYEES

 Every employer the State of Illinois is required to provide employees with sexual

harassment prevention training that complies with sections 2-109 and 2-110 of the

Illinois Human Rights Act (“IHRA”).

 All employees regardless of their status (i.e. short-term, part-time, or intern) must be

trained.

 If an employer has an independent contractor working on-site with the employer’s

staff, the independent contractor should receive sexual harassment prevention

training.

WHAT

INFORMATION

WILL BE

COVERED

 an explanation of sexual harassment

consistent with the Illinois Human Rights Act;

 examples of conduct that may constitute

unlawful sexual harassment;

 a summary of Federal and State statutory laws

concerning sexual harassment including

remedies available to victims; and

 a summary of employer responsibilities in the

prevention, investigation, and corrective

measures of sexual harassment.

WHAT IS SEXUAL HARASSMENT?

Under the Illinois Human Rights Act, “Sexual harassment” means any unwelcome sexual advances, requests for

sexual favors, or any conduct of a sexual nature when:

 submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s

employment,

 submission to or rejection of such conduct by an individual is used as the basis for employment decisions

affecting such individual, or

 such conduct has the purpose or effect of substantially interfering with an individual’s work performance or

creating an intimidating, hostile or offensive working environment.

TYPES OF UNLAWFUL SEXUAL HARASSMENT

 Quid Pro Quo Sexual Harassment. “You do something for me, and I’ll do something for you.” This means that

a manager or supervisor may not tell an employee that in order to receive a promotion, raise, preferred

assignment, or other type of job benefit – or to avoid something negative like discipline or an unpleasant

assignment – the employee must do something sexual in return.

 Hostile Work Environment Sexual Harassment. “The air at work is full of sexual references and it is impacting

me.” A hostile work environment may occur when unwelcome sexual advances, requests for sexual favors, or

any conduct of a sexual nature has the purpose or effect of substantially interfering with an individual’s work

performance or creating an intimidating, hostile or offensive working environment.

UNWELCOME

BEHAVIOR

 Sexual conduct becomes sexual harassment when the

behavior is unwelcome. Behavior may be unwelcome in the

sense that the victim did not solicit or invite it, or in the sense

that the victim regarded the conduct as undesirable or

offensive.

 Welcome behavior can quickly become unwelcome behavior.

What starts off as welcome behavior (consensual joking) can

cross a line and become unwelcome behavior.

 Also, consent can be revoked at any time. When someone

experiencing sexual harassment behavior says, ”stop talking to

me like this” it must stop. The perpetrator cannot use as a

defense ”Well you started it.” or “You were ok with it at first.”

WORKING

ENVIRONMENT

 An employee’s “working environment” is not limited to

the physical location where the employee is assigned.

The “working environment” extends to other worksites

including off-site, mobile or moving worksites/locations.

 For example, a “working environment” includes the

courthouse for a lawyer, or an off-site event for a caterer.

GENDER

IDENTITY &

SEXUAL

ORIENTATION

 A person can be the victim of sexual harassment

regardless of the victim’s gender identity or the

perpetrator’s gender identity.

 A person can be the victim of sexual harassment

regardless of the victim’s sexual orientation or the

perpetrator’s sexual orientation.

EMPLOYEES AND

NONEMPLOYEES

AS VICTIMS OF

SEXUAL

HARASSMENT

 The Illinois Human Rights Act protects

Employees and now Nonemployees from

sexual harassment.

 Employees include co-workers, supervisors

and managers.

 Nonemployees include persons who are not

employees, but are directly performing

services for an employer, such as contractors

or consultants (independent contractors or gig

workers).

CONTINUED-

EMPLOYEES AND

NONEMPLOYEES

AS VICTIMS OF

SEXUAL

HARASSMENT

 Victims of sexual harassment can include Employees and

Nonemployees when sexually harassed by other

Employees or Nonemployees.

 Victims of sexual harassment can include not only the

target of the sexual harassment, but also those

Employees or Nonemployees who are Bystanders or

Witnesses to the sexual harassment.

EMPLOYEES AND NONEMPLOYEES AS

PERPETRATORS OF SEXUAL HARASSMENT

 The Illinois Human Rights Act prohibits Employees and Nonemployees from engaging in sexual harassment.

 Employees include co-workers, supervisors and managers.

 Nonemployees include persons who are not employees, but are directly performing services for an

employer, such as contractors or consultants (independent contractors or gig workers).

 Employers are responsible for sexual harassment perpetrated by their Employees and Nonemployees

against other Employees and Nonemployees.

 Employers are also responsible for sexual harassment perpetrated by their Employees and Nonemployees

against customers/patrons.

CUSTOMERS/PATRONS AS VICTIMS OF

SEXUAL HARASSMENT

 The Illinois Human Rights Act protects Customers/Patrons from sexual harassment in

“places of public accommodation,” such as stores, hotels, restaurants, theaters,

museums, health clubs and hospitals.

 Employers that are also “places of public accommodation” are responsible for sexual

harassment of Customers/Patrons when perpetrated by

their Employees or Nonemployees.

CUSTOMERS/

PATRONS AND

THIRD PARTIES

PERPETRATORS

OF SEXUAL

HARASSMENT

 The Illinois Human Rights Act prohibits sexual

harassment of Employees and Nonemployees by

Customers/Patrons and Third Parties.

 Employers are responsible for sexual harassment of

their Employees and Nonemployees by

Customers/Patrons.

 Employers are also responsible for sexual

harassment of their Employees and Nonemployees

by Third Parties such as sales representatives,

vendors, and/or delivery persons.

WHAT

INFORMATION

WILL BE

COVERED

 an explanation of sexual harassment

consistent with the Illinois Human Rights Act;

 examples of conduct that may constitute

unlawful sexual harassment;

 a summary of Federal and State statutory

laws concerning sexual harassment including

remedies available to victims; and

 a summary of employer responsibilities in the

prevention, investigation, and corrective

measures of sexual harassment.

WHAT ARE

EXAMPLES OF

INAPPROPRIATE

CONDUCT?

Sexual harassment includes unwelcome conduct of a

sexual nature (sexual advances and requests for sexual

favors). Examples include:

 Pressure for sexual favors or to go out on a date

 Deliberate touching, leaning over, or cornering

another person

 Sexual looks or gestures or whistling at someone

CONTINUED-

WHAT ARE

EXAMPLES OF

INAPPROPRIATE

CONDUCT?

Sexual harassment includes unwelcome conduct of a

sexual nature (sexual advances and requests for sexual

favors). Examples include:

 Sending letters, telephone calls, e-mails, texts, or

other materials of a sexual nature

 Sexual teasing, jokes, remarks, or questions

 Referring to another as a “girl,” “hunk,” “doll,”

“babe,” “honey,” “tootsie”, etc.

 Actual or attempted rape or sexual assault

CONTINUED -

EXAMPLES OF

INAPPROPRIATE

CONDUCT

More examples of conduct that may constitute sexual

harassment include:

 Turning work discussions to sexual topics

 Asking about sexual fantasies, preferences, or history

 Sexual comments, sexual innuendos, or sexual stories

 Touching another employee such as their clothing,

hair, or body

CONTINUED -

EXAMPLES OF

INAPPROPRIATE

CONDUCT

More examples of conduct that may constitute sexual

harassment include:

 Sexual comments about a person’s clothing, body, or

looks

 Kissing sounds, howling and smacking lips

 Telling lies or spreading rumors about a person’s sex

life

 Massaging neck, shoulders, etc.

SEXUAL

HARASSMENT IN

ONLINE

ENVIRONMENTS

 Our conduct online and through social media

can constitute sexual harassment even when it

occurs “off the clock”, “off-site”, or even “out

of state”.

 Online sexual harassment includes using e-

mail, cell phone texts, internet posting, online

comments, blog posts, and social media (such

as Facebook, Twitter, LinkedIn, Instagram,

YouTube, and Snapchat) to send

communications of a sexual nature.

CONTINUED-

SEXUAL

HARASSMENT IN

ONLINE

ENVIRONMENTS

Examples include:

 Flirting and requests or demands to go on a

date or have sex

 Sending inappropriate pictures or videos

including sexually graphic material

 Using sexual language or comments including

sexually offensive language

 Cyber stalking

WHAT

INFORMATION

WILL BE

COVERED

 an explanation of sexual harassment

consistent with the Illinois Human Rights Act;

 examples of conduct that may constitute

unlawful sexual harassment;

 a summary of Federal and State statutory

laws concerning sexual harassment

including remedies available to victims; and

 a summary of employer responsibilities in the

prevention, investigation, and corrective

measures of sexual harassment.

WHAT CAN I DO

IF I EXPERIENCE,

WITNESS, OR

BECOME

AWARE OF

UNWELCOME

SEXUAL

CONDUCT?

If you experience, witness or become aware of

unwelcome sexual conduct, know that:

 You have the right to tell the person to stop. The

initiating and participating persons must stop the

unwelcome behavior upon request. If they continue

the behavior or retaliate against you because you

asked them to stop, they can be found to have

violated the law by engaging in sexual harassment or

retaliation.

If you experience, witness or become aware of

unwelcome sexual conduct, know that:

 You have the right to report the sexual harassment.

Several reporting options are available. The option

you choose may depend on the nature and severity of

the unwelcome conduct of a sexual nature. Persons

who report sexual harassment or participate in

investigations are protected from retaliation.

CONTINUED-

WHAT CAN I DO

IF I EXPERIENCE,

WITNESS, OR

BECOME

AWARE OF

UNWELCOME

SEXUAL

CONDUCT?

REPORTING

SEXUAL

HARASSMENT –

SEVERAL

OPTIONS

The choice of how to report an allegation of sexual

harassment is a personal one, and these options are not

mutually exclusive. You may pursue one or more of the

following reporting options:

1. Call the State of Illinois Sexual Harassment &

Discrimination Helpline

2. Report the Incident to Your Employer

3. File a Charge with the Illinois Department of Human

Rights (IDHR)

4. File a Charge with the U.S. Equal Employment

Opportunity Commission (EEOC)

CALL THE STATE

OF ILLINOIS

SEXUAL

HARASSMENT

AND

DISCRIMINATION

HELPLINE

If you or someone you know has experienced or witnessed

unwelcome conduct of a sexual nature in the workplace, please

call the State of Illinois Sexual Harassment and Discrimination

Helpline for assistance. Calls are confidential and can be made

anonymously.

Call: 1-877-236-7703

Visit http://www.illinois.gov/SexualHarassment

Helpline representatives can help callers navigate their numerous

reporting options and share additional information related to

counseling, legal assistance, and frequently asked questions.

REPORTING

SEXUAL

HARASSMENT –

SEVERAL

OPTIONS

The choice of how to report an allegation of sexual

harassment is a personal one, and these options are not

mutually exclusive. You may pursue one or more of the

following reporting options:

1. Call the State of Illinois Sexual Harassment &

Discrimination Helpline

2. Report the Incident to Your Employer

3. File a Charge with the Illinois Department of Human

Rights (IDHR)

4. File a Charge with the U.S. Equal Employment

Opportunity Commission (EEOC)

REPORTING SEXUAL HARASSMENT TO AN

EMPLOYER

Report the incident to one or more of the following employer representatives:

1. Your Supervisor or any member of management you trust. Supervisors and members of

management are responsible for knowing the employer’s internal complaint investigation and

resolution process. Supervisors can help effect immediate positive change.

2. Human Resources Officers can work with management to investigate and resolve sexual

harassment complaints. This option may be preferred, if the perpetrator of the sexual harassment

is a supervisor or manager.

CONTINUED- REPORTING SEXUAL HARASSMENT TO

AN EMPLOYER

Report the incident to one or more of the following employer representatives:

3. Designated Sexual Harassment Reporting Officers are often established by employers to

specifically receive and investigate sexual harassment complaints. Consult your employer’s

sexual harassment policy for specific reporting contact information.

REPORTING

SEXUAL

HARASSMENT –

SEVERAL

OPTIONS

The choice of how to report an allegation of sexual

harassment is a personal one, and these options are not

mutually exclusive. You may pursue one or more of the

following reporting options:

1. Call the State of Illinois Sexual Harassment &

Discrimination Helpline

2. Report the Incident to Your Employer

3. File a Charge with the Illinois Department of Human

Rights (IDHR)

4. File a Charge with the U.S. Equal Employment

Opportunity Commission (EEOC)

REPORTING

SEXUAL

HARASSMENT TO

THE

ILLINOIS

DEPARTMENT OF

HUMAN RIGHTS

(IDHR)

The Illinois Department of Human Rights (IDHR) is a

state agency responsible for enforcing the Illinois

Human Rights Act, the state law which makes it illegal

to engage in sexual harassment or retaliation.

 Complainants (victims of sexual harassment) may

file a charge at any time within 300 days of the

incident(s).

 IDHR has jurisdiction (authority) to investigate

employers who have 1 or more employees.

 To start the process, submit a Complainant

Information Sheet to IDHR.

REMEDIES

AVAILABLE

UNDER THE

ILLINOIS

HUMAN RIGHTS

ACT

 After IDHR completes its investigation, the Complainant (the

employee):

1. May file a lawsuit in civil court, or

2. May file a complaint with the Illinois Human Rights Commission

(HRC) if IDHR found “substantial evidence” of a violation.

 Complainants who prevail in the HRC or Court may receive an order

awarding remedies allowed by the Illinois Human Rights Act to make

the Complainant “whole.”

 Remedies may include: back pay, lost benefits, clearing of a

personnel file, damages, hiring, promotion, reinstatement, front pay

where reinstatement is not possible, and attorney’s fees and costs.

REPORTING

SEXUAL

HARASSMENT TO

THE IDHR

(CONTACT

INFORMATION)

To file a charge, call IDHR or visit them online:

1-800-662-3942 | www.ILLINOIS.GOV/DHR

IDHR Offices Locations:

 Chicago. Office: 312-814-6200 | 866-740-3953 (TTY), 555 W.

Monroe St., 7th Floor, Chicago, IL 60661

 Springfield. Office: 217-785- 5100 | 866-740-3953

(TTY), 524 S. 2nd St., Suite 300, Intake Unit, Springfield, IL

62702

 Marion. Office: 618-993-7463 | 217-740-3953 (TTY), 2309 W

Main St, Marion, IL 62959

REPORTING

SEXUAL

HARASSMENT –

SEVERAL

OPTIONS

The choice of how to report an allegation of sexual harassment

is a personal one, and these options are not mutually

exclusive. You may pursue one or more of the following

reporting options:

1. Call the State of Illinois Sexual Harassment &

Discrimination Helpline

2. Report the Incident to Your Employer

3. File a Charge with the Illinois Department of Human Rights

(IDHR)

4. File a Charge with the U.S. Equal Employment Opportunity

Commission (EEOC)

REPORTING

SEXUAL

HARASSMENT TO

THE U.S. EEOC

The United States Equal Employment Opportunity

Commission (EEOC) is responsible for enforcing Title VII

of the Civil Rights Act of 1964, the federal law that make

it illegal to engage in sexual harassment or retaliation.

 Complainants (victims of sexual harassment) may file

a charge at any time within 300 days of the

incident(s).

 The EEOC has jurisdiction (authority) to investigate

employers who have 15 or more employees.

 To start the process, call the EEOC or visit their

website.

REMEDIES

AVAILABLE

UNDER TITLE VII

OF THE CIVIL

RIGHTS ACT OF

1964

After EEOC completes its investigation:

1. The Complainant (the employee) may file a lawsuit in

federal court.

2. The EEOC may help parties reach a settlement

through an informal process called “conciliation” if

the EEOC finds “reasonable cause” to believe

discrimination occurred.

CONTINUED-

REMEDIES

AVAILABLE

UNDER TITLE VII

OF THE CIVIL

RIGHTS ACT OF

1964

Complainants who prevail in federal court may receive

an order awarding remedies allowed by Title VII to make

the employee “whole.”

Remedies may include: back pay, lost benefits, clearing

of a personnel file, damages, hiring, promotion,

reinstatement, front pay where reinstatement is not

possible, punitive damages, and attorney’s fees and

costs.

REPORTING SEXUAL HARASSMENT TO THE U.S.

EEOC

(CONTACT INFORMATION)

To file a charge, call or visit online:

 1-800-669-4000 | www.EEOC.GOV

 1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only)

 1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only)

U.S. EEOC Offices Serving Illinois

Chicago District Office. JCK Federal Building, 230 S. Dearborn St., Chicago, IL 60604

St. Louis District Office. Robert A. Young Federal Building, 1222 Spruce St., Rm. 8.100, St. Louis, MO 63103

WHAT

INFORMATION

WILL BE

COVERED

 an explanation of sexual harassment consistent with

the Illinois Human Rights Act;

 examples of conduct that may constitute unlawful

sexual harassment;

 a summary of Federal and State statutory laws

concerning sexual harassment including remedies

available to victims; and

 a summary of employer responsibilities in the

prevention, investigation, and corrective

measures of sexual harassment

IS MY

EMPLOYER

RESPONSIBLE

FOR SEXUAL

HARASSMENT?

Yes, employers are responsible for sexual harassment in two ways:

 Manager/Supervisor Harassment. Employers are strictly liable for

sexual harassment perpetrated by its members of management

regardless of whether the employer knew of the harassment.

 Co-Worker & Nonemployee Harassment. Employers are liable for

sexual harassment perpetrated by an employee (co-worker) or

nonemployees (vendors) only if the employer knew or reasonably

should have known of the harassment and failed to take prompt

corrective action.

EMPLOYER

RESPONSIBILITIES

We will now discuss employer responsibilities and

liabilities concerning incidents of sexual harassment in

workplaces including their responsibilities to:

 Prevent the incidence of sexual harassment in their

workplaces;

 Investigate incidents of sexual harassment in their

workplaces; and

 Correct the incidence of sexual harassment in their

workplaces.

EMPLOYER

RESPONSIBILITY

- PREVENTION

1. Develop, implement and regularly communicate the

employer’s sexual harassment policy.

2. Provide training for managers and employees on

sexual harassment prevention.

3. Ensure clear communication on how to report

incidents of sexual harassment or conduct of a sexual

nature.

CONTINUED-

EMPLOYER

RESPONSIBILITY

- PREVENTION

4. Managers and supervisors should monitor their work environment

to ensure the workplace is free of sexual harassment – supervisors

should be aware of the conduct within their supervision.

5. Managers and supervisors must lead by example and model

appropriate conduct – refrain from engaging in conduct of a sexual

nature.

6. Managers and supervisors should conduct a sexual harassment

climate check throughout the year -discuss the topic at a team or

staff meeting, in-service day or as part of structured

communication such as division/unit newsletters.

EMPLOYER

RESPONSIBILITY

- INVESTIGATION

1. Immediately respond to a complaint of sexual

harassment and initiate an inquiry or investigation.

2. Interview the complainant (victim) and take

reasonable action to protect the victim from

retaliation or experiencing further sexual harassment

during the investigation.

3. Interview all relevant witnesses.

CONTINUED-

EMPLOYER

RESPONSIBILITY

- INVESTIGATION

4. Interview the alleged perpetrator of the sexual

harassment.

5. Document the investigation results and maintain the

file as an employment record.

6. Take corrective action as appropriate.

EMPLOYER

RESPONSIBILITY

– CORRECTIVE

MEASURES

1. Take appropriate corrective disciplinary action up to and

including termination of employment where

organizational policy has been violated.

2. In situations where the conduct in question did not rise to

the level of sexual harassment or a violation of policy, but

is concerning or may be considered grooming behavior,

consider counseling, training and closer supervision of

the employee.

CONTINUED-

EMPLOYER

RESPONSIBILITY

– CORRECTIVE

MEASURES

3. Take reasonable action within the organization to reduce the

likelihood of future sexual harassment incidents by updating

policies and communicating them to the workforce; providing

supplemental or tailored sexual harassment training; or

restructuring the working environment or reporting

relationships.

4. Follow up with the complainant (victim) at regular intervals to

ensure they and the workplace remains free from sexual

harassment.

COMPLETION & CERTIFICATION

Thank you for completing the

Annual Sexual Harassment Prevention Training

Please take the following actions:

1. Print and sign the “Certificate of Participation” provided.

2. Return the Certificate to your employer representative.

CERTIFICATE OF PARTICIPATION

SEXUAL HARASSMENT PREVENTION TRAINING

I certify that I have carefully read and reviewed the content of, and completed, the Sexual

Harassment Prevention Training pursuant to the Illinois Human Rights Act, 775 ILCS 5/2-109 and 2-110.

Training Participant Information:

_______________________________________ ______________________

(Printed Name - First, Middle Initial, Last) (Signature)

Training Date/Location:

_____________________________ _______________ ________________________

(Company Name/Work Location) (Training Date) Training Method