MUNICIPAL SEXUAL HARASSMENT TRAINING
Chicago Sexual Harassment Training Requirements
As of July 1, 2022, employers in the City of Chicago are mandated by section 6-10-040 of the Human Rights Ordinance to provide sexual harassment prevention training. This groundbreaking ordinance requires 1 hour of training for nonsupervisory employees, 2 hours for supervisors and managers, and 1 hour of bystander training for all employees annually, setting a new standard in the United States.
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Chicago Municipal Training Requirements
On July 1, 2022, a Chicago Municipal Ordinance went into effect, strengthening training requirements for employers operating within the City. Chicago’s ordinance makes it the second major city to require enhanced training requirements over and above what is required under state law.
|What type of organization must provide training?
|All public and private organizations licensed to do business in Chicago (or with a work location in the City).
|What is the minimum number of employees for training to be required?
|There is no minimum number of employees.
|How frequently must training be conducted?
|Under Ordinance 2022-665, all required training must be provided annually.
|How soon must training be conducted?
|The Ordinance went into effect on July 1, 2022, and the first round of training must be completed by June 30, 2023, and every June 30 thereafter.
|What segments of the workforce must receive training?
|The Ordinance applies to all employees, as well as non-employee individuals working for the organization at a Chicago site (or remotely in Chicago), including gig employees, contractors, and interns.
|What is the minimum duration of training?
|Chicago has set a minimum of two hours of harassment training for managers and supervisors and one hour of harassment training for non-supervisory employees. Under the law, both categories must take an additional one hour of bystander training annually.
|What records must be kept following training?
|Employers are required to retain written records of compliance with the training component and record of the distribution of written policies to employees for “the longer of five years or the duration of any claim, civil action, or investigation.”
|What are potential penalties for failing to conduct training?
|Along with other legal remedies (damages, injunctive relief, attorney fees) stemming from the complaint, the City has increased the monetary penalty for non-compliance with the Ordinance from $500-1000 per violation to $5,000-$10,000 (Paid to the City).
|Are there any additional training elements required by the Chicago Ordinance?
|The training must include the enhanced definitions of sexual harassment (including sexual violence and misconduct).
|Are there any policy or posting requirements under the Chicago Ordinance?
Similar to many other states and municipalities, as of July 1, 2022, Chicago employers must have a written policy prohibiting sexual harassment. The policy requirement has many of the familiar elements to those with employees working elsewhere.
Specifically, the written policy must contain:
|Additionally, the written policy must be available in the employee’s primary language within the first week of starting employment, and a poster advising on the prohibition on sexual harassment must be displayed where all employees can see it.