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As of January 1, 2020, all Illinois employers are required to provide sexual harassment training to all employees on an annual basis. The initial deadline for compliance is December 31, 2020. Despite the COVID-19 pandemic, the Illinois Legislature has not extended this deadline. Therefore, employers who have not yet provided the mandated training to employees only have a few weeks left to comply. For more information on best practices for implementation of training, including defining who outside of Illinois must receive this training, please see our previous Alert.
It is not too late to provide this training, and we can certainly assist with compliance, even in these last few weeks of 2020. But, what happens if an employer misses the December 31, 2020 deadline? Only time will tell, but for now, the law is written to be employee complaint-driven. This means that, in theory, the Illinois Department of Human Rights (IDHR) i
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As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual basis thereafter. Such training must comport with the minimum requirements established by the Illinois Department of Human Rights’ (“IDHR”) model training program published earlier this year (model training available here). A failure to complete this training by the deadline risks civil penalties depending on the size of the employer and whether it has made good-faith efforts to comply.