New Law protects Victims of Sexual Harassment in the Workplace in Illinois

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Governor JB Pritzker signed comprehensive legislation today to help prevent sexual harassment and discrimination in the workplace and protect victims as they come forward.
 
“Sexual harassment is unacceptable and will not be tolerated in the state of Illinois,” said Governor JB Pritzker. “Ending the culture of sexism and sexual harassment in workplaces across our state takes a comprehensive approach, and I’m proud that this bi-partisan unanimously-passed legislation – led by Senator Melinda Bush and Representative Ann Williams – strengthens workplace protections to hold abusers and enablers accountable. This commonsense law makes it clear that the days of turning a blind eye to sexual harassment in the workplace are over.”
 
The omnibus legislation strengthens protections for employees, responsibilities for employers and accountability for abusers – at workplaces across the state, with increased attention to hotels, casinos and state government.
 
Workplace Transparency Act


• Strengthens the ability of employees to report allegations of sexual harassment, discrimination or retaliation to federal, state or local officials
• Makes harassment against contract employees illegal
• Requires IDFPR to examine civil rights violations with IDHR for existing and future state license holders
• Requires IDHR to adopt a model sexual harassment prevention training program that includes federal and state laws protecting victims and employers’ responsibilities in preventing, investigating and taking corrective measures on sexual harassment
• Requires employers to use the IDHR sexual harassment prevention training program or establish a similar or more stringent training for employees
• Requires employers to report to IDHR the number of adverse judgments or administrative rulings involving sexual harassment and unlawful discrimination on a yearly basis, beginning July 1, 2020
• Prohibits employers from disclosing the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any disclosures
• Requires every bar and restaurant to have sexual harassment policies and prevention training


Sexual Harassment Victim Representation Act

 

• Ensures a victim and accused perpetrator are not represented by the same union representative in proceedings

 
Hotel and Casino Employee Safety Act

• Requires hotels and casinos to provide employees who work in isolated spaces with panic buttons to use if they are sexually harassed or assaulted
• Requires hotels and casinos to develop and follow written anti-sexual harassment policy to protect employees against sexual harassment and sexual assault by guests
• Bans employer retaliation for an employee disclosing, reporting or testifying about sexual harassment and sexual assault


Strengthening Protections in State Government

• Requires state officers, employees and lobbyists to participate in annual harassment and discrimination prevention training
• Establishes specific rights for people subjected to discrimination, harassment or sexual harassment during an investigation by an Inspector General
• Clarifies the jurisdiction and duties of Executive Inspectors General, the Executive Ethics Commission, the Legislative Inspector General and the Legislative Ethics Commission
• Strengthens the complaint process, reporting and independent review of allegations of sexual harassment made against an elected official

“Victims of workplace harassment and discrimination have for too long been silenced and unable to confront the often horrific circumstances they have experienced,” said Sen. Melinda Bush (D-Grayslake). “We’re not just changing the law with Senate Bill 75. We are working to change our culture, preventing abuse and discrimination from happening in the first place while empowering victims to come forward when it does.”
 
“Every employee deserves to work in an environment that is safe and healthy, and where they are valued and respected,” said Rep. Ann Williams (D-Chicago). “A bicameral and bipartisan effort, this legislation makes important strides toward ensuring that Illinois workplaces are free from harassment and bullying of any kind. I am grateful to Governor Pritzker, Senator Bush and all those who worked to advance this important initiative.”
 
“The Illinois Department of Human Rights is proud to have worked on this critical, bipartisan piece of legislation,” said Jim Bennett, Director of the Illinois Department of Human Rights. “Dismantling the culture of silence surrounding sexual harassment requires education and mandatory training, which are our biggest tools to fight this pervasive problem. That is why IDHR is excited to spearhead free and comprehensive sexual harassment prevention training for employers across Illinois.”
 
This new law takes effect January 1, 2020, with the exceptions of the Hotel and Casino Employee Safety Act taking effect July 1, 2020, and changes to the Illinois Governmental Ethics Act taking effect immediately.

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