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Upcoming Reporting and Training Deadlines for Illinois Employers

Key Points

  • Illinois Department of Human Rights (IDHR) has not issued a COVID-19-related moratorium or extension on the requirements that all Illinois employers, regardless of size: (1) provide annual sexual harassment prevention training to all employees, and (2) report any adverse judgments or administrative rulings involving unlawful discrimination, harassment, and retaliation.
  • Training must be conducted and documented by December 31, 2020.
  • Adverse judgments and administrative rulings for 2019 must be reported to the IDHR by October 31, 2020, and those from 2020 must be reported by July 1, 2021.

Annual Sexual Harassment Training Required by December 31, 2020

Effective this year, the Illinois Human Rights Act (IHRA) requires that all Illinois employers, regardless of size, provide annual sexual harassment prevention training to all employees. Notably, the Illinois Department of Human Rights (IDHR) has not issued any moratorium or extension on this requirement due to the COVID-19 pandemic. Therefore, this year's training must be delivered to employees by December 31, 2020.

The training must include the following elements:

  1. an explanation of sexual harassment consistent with the IHRA;
  2. examples of conduct that constitutes unlawful sexual harassment;
  3. a summary of relevant federal and state statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and
  4. a summary of the employer's responsibilities for the prevention, investigation and corrective measures of sexual harassment.

Employers may develop their own sexual harassment prevention training program so long as it equals or exceeds the standards of the IDHR's model training program, or they may use the IDHR's model training program (which is presented as a PowerPoint). Either way, an employer should conduct a live session (whether remote or socially distanced) or implement a self-guided program for its workforce to review the required content, supplemented by company-specific information regarding reporting procedures, etc. An employer also must maintain a record of the training, to include the date, names of all attendees, any written materials covered and identity of the presenter.

Annual Reporting of Adverse Judgments or Administrative Rulings by October 31, 2020

Also new to the IHRA this year is a requirement that employers annually report to the IDHR any adverse judgments or administrative rulings involving unlawful discrimination, harassment, and retaliation. Specifically, employers must provide the following information:

  1. the total number of adverse judgments or administrative rulings during the preceding year;
  2. whether any equitable relief was ordered against the employer; and
  3. a breakdown of the number of adverse judgments or administrative rulings against the employer by category: age, disability, sex, race, color, national origin, religion, military status, sexual harassment, sexual orientation or gender identity, and any other characteristic protected under the IHRA.

An employer's report may also need to include adverse judgments or administrative rulings from jurisdictions outside of Illinois.

Note that employers are not required to report settlements, but the IDHR has the right to request the number of settlements from "the preceding five years or less." Any information submitted to the IDHR must not contain the names of the alleged victims of harassment or discrimination.

With respect to employers' timeline for reporting, the IDHR has identified the following reporting periods and deadlines:

  • For adverse judgments and administrative rulings from January 1, 2019 through December 31, 2019, employers must provide the necessary reporting to the IDHR by October 31, 2020;
  • For adverse judgments and administrative rulings from January 1, 2020 through December 31, 2020, employers must provide the necessary reporting to the IDHR by July 1, 2021.

If an employer has had no adverse judgments or administrative rulings, then it is not required to report any information to the IDHR. For those employers that do have adverse judgments or administrative rulings to report, the IDHR has provided Form IDHR 2-108. For the 2019 reporting period, employers can email the completed form to IDHR.webmail@illinois.gov on or before the disclosure deadline of October 31, 2020.

©2020 Katten Muchin Rosenman LLPNational Law Review, Volume X, Number 296
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About this Author

Julie L. Gottshall, Employment Law Lawyer, Katten Muchin Law Firm
Partner

Julie L. Gottshall serves as the Chicago head of the Employment Law and Litigation practice. She practices nationally in the area of employment law, providing litigation representation and counseling on behalf of management.

Julie also represents both companies and individuals in matters relating to unfair competition and the enforcement of restrictive covenants, such as confidentiality and non-compete agreements. In addition to her litigation practice, Julie negotiates and drafts employment and separation agreements and restrictive covenant agreements, conducts...

312-902-5645
Andrew J. Schuyler Litigation Attorney Katten Muchin Rosenman Chicago, IL
Associate

Andrew "AJ" Schuyler represents clients in a broad range of litigation issues, including employment matters before federal and state courts and administrative agencies. As a core member of Katten's Employment Litigation and Counseling practice, he also advises clients on day-to-day workplace issues such as compliance matters arising under various federal, state and local laws.

Effective and efficient solutions for clients' specific legal needs

AJ splits his focus between general litigation issues and specific employment matters, which gives him a different perspective for...

312-902-5471
Janet R. Widmaier Labor & Employment Attorney Katten Muchin Rosenman Chicago, IL
Of Counsel

Janet Widmaier counsels employers on a variety of matters arising under federal, state and local employment laws, and litigates employment-related claims both in courts and administrative agencies.

Focusing on minimizing risks and creating strategies to solve complex situations

Jan's employment law practice serves clients of all types and sizes on all manner of employment-related litigation and counseling. She deals with situations ranging from discrimination to restrictive covenants to WARN Act implications to compliance with the ever-changing landscape of national, state...

312-902-5546
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