Sexual Harassment Training
Workplace Transparency Act: A Guide to the New Illinois Law
In response to the Illinois Workplace Transparency Act (WTA), Foodservice Safe offers sexual harassment training online for supervisors and employees. The WTA took effect on January 1, 2020, and imposes new requirements on employers regarding harassment and discrimination. Specifically, the law covers contracts and arbitration, updates key definitions, and introduces a new annual training mandate. Below you will find the key highlights.
What Changed Under the Illinois Workplace Transparency Act
Expanded Harassment and Discrimination Definitions
The law now protects employees from discrimination or harassment based on perceived protected status — including race, color, religion, national origin, ancestry, age, sex, marital status, disability, military status, sexual orientation, and pregnancy. In other words, an employer cannot discriminate based on what they perceive about a person, not just their actual status.
Working Environment Not Limited to a Physical Location
In addition, the law clarifies that an intimidating or hostile working environment is not limited to an employee’s assigned physical work location. As a result, remote workers and off-site employees receive the same protections.
Protection Extends to Non-Employees
Furthermore, non-employees — including contractors and consultants — receive protection from harassment and discrimination. Employers bear liability for harassment directed at non-employees just as they do for employees.
Employer Liability for All Employees
Employers are responsible for acts of discrimination by non-managerial and non-supervisory employees if they know about the misconduct and fail to take reasonable corrective action.
Annual Disclosure Requirements
Employers must disclose annually to the Illinois Department of Human Rights any adverse judgements or rulings related to discrimination or harassment from the preceding year. Noncompliance may result in penalties of up to $5,000 per offense.
Requirements for Restaurants and Bars
Restaurants and bars must provide all employees with a written sexual harassment policy within the first calendar week of employment. Specifically, that policy must include:
- A prohibition of sexual harassment
- The definition of sexual harassment per the Illinois Department of Human Rights and the Civil Rights Act of 1964
- Details on how to report an allegation of sexual harassment
- An explanation of the internal complaint process
- Instructions for contacting the Illinois Department of Human Rights and the US Equal Employment Opportunity Commission
- A prohibition on retaliation for reporting sexual harassment allegations
- The requirement that all employees participate in annual sexual harassment training
Annual Sexual Harassment Prevention Training Requirements
In addition to the written policy, employers must provide annual sexual harassment prevention training to all employees. At minimum, the training must:
- Define sexual harassment
- Provide examples of unlawful sexual harassment
- Summarize federal and state laws addressing sexual harassment, including available remedies
- Identify employer responsibility to prevent, investigate, and address sexual harassment
How Foodservice Safe Can Help
Foodservice Safe offers online sexual harassment training that meets Illinois requirements for both supervisors and employees. Employers must provide this training annually. Consequently, non-compliance exposes businesses to civil penalties ranging from $500 to $5,000.
Register for Our Online Sexual Harassment Prevention Course
In addition to harassment prevention training, Foodservice Safe also offers CFPM food safety certification and food safety training bundles that combine multiple required courses in one convenient package.
Further Resources