...
Summary of differences between federal and state regulations
Employer defined
“Employer” includes:
- Any employer employing one or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation;
- Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental handicap unrelated to ability or sexual harassment;
- The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;
- Any party to a public contract without regard to the number of employees;
- A joint apprenticeship or training committee without regard to the number of employees.
“Employer” does not include any place of worship, religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such place of worship, corporation, association, educational institution, society or non-profit nursing institution of its activities.
Training
In Illinois, beginning January 1, 2020, employers must provide sexual harassment training to all employees on an annual basis. The training must include the following information:
- An explanation of sexual harassment consistent with the Illinois Human Rights Act;
- examples of conduct that constitutes unlawful sexual harassment;
- a summary of relevant federal and state statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and
- a summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment.
Employers in the restaurant and bar industry must also include supplemental training that includes specific conduct, activities, or videos related to the restaurant or bar industry; and an explanation of manager liability and responsibility under the law. The training in the restaurant and bar industry must also include English and Spanish language options.
Unlawful employment practices
The sexual harassment prohibitions are similar to those under the federal Guidelines on Discrimination Because of Sex.
Charges of sexual harassment can be filed against the individual harasser and the employer. Both parties can be found liable.
A charge of sexual harassment must be filed with the Department of Human Rights within 180 days of the date the harassment took place.
Illinois protects unpaid interns from sexual harassment as part of the Illinois Human Rights Act.
Recordkeeping
Covered employers must maintain the following records, to the extent that they may exist, for the periods indicated:
- Applications for employment, resumes, and other documents or supporting materials submitted by or on behalf of applicants; and all interview forms, aptitude or qualifying examinations, personal history or background examination reports, medical history and physical examination reports, and other documents, pertaining to each applicant, for one year from the date of application;
- Each employee’s personnel file, including performance evaluations, attendance/tardiness records, reprimands and disciplinary records, and suspension, lay-off, termination or resignation records, for one year from the date of such employee’s termination or separation from employment;
- Job descriptions, production standards, and other records of required job duties, qualifications and performance criteria, for one year following the date the same cease to be effective.
Covered labor organizations must maintain the following membership and business records, to the extent that they may exist, for the periods indicated:
- Applications for membership or transfer of membership, and supporting documents or materials submitted by or on behalf of any applicant, and any records bearing on the disposition thereof, for one year from the date of application;
- All membership and apprenticeship records, including records pertaining to the discipline, suspension or expulsion of a member, apprentice, or trainee, for one year from the date of expulsion or separation of any such person from membership or an apprenticeship or training program;
- All grievance and arbitration records, including documents pertaining to the request by or on behalf of any member of the collective bargaining unit that a grievance be initiated, and any documents reflecting the disposition of such a request or the disposition of any grievance filed, for one year from the date of such request or from the date of final resolution of the grievance.
Employment agencies must preserve the following documents for one year from the time these documents are created:
- all applications for assignment to an employer, and documents in support thereof;
- any documents bearing on the disposition thereof;
- documents relating to the terms and conditions of an assignment.
Once a charge has been served, the respondent must preserve all records and other evidence pertaining to the charge until the matter has been finally adjudicated.
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex