Illinois Sexual Harassment Prevention Training PDF

STATE OF ILLINOIS SEXUAL HARASSMENT PREVENTION TRAINING State of Illinois Department of Human Rights 1   The Illinois Human Rights Act makes it a civil rights violation “[f]or any emp...

STATE OF ILLINOIS SEXUAL HARASSMENT PREVENTION TRAINING State of Illinois Department of Human Rights 1   The Illinois Human Rights Act makes it a civil rights violation “[f]or any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment.” 775 ILCS 5/2-102(D).  The Illinois General Assembly finds that tolerance of sexual harassment SEXUAL has a detrimental influence in workplaces by creating a hostile HARASSMENT environment for employees, reducing productivity, and increasing legal IS PROHIBITED liability. IN ILLINOIS  The State of Illinois encourages employers to adopt and actively implement policies to ensure their workplaces are safe for employees to report concerns about sexual harassment without fear of retaliation, loss of status, or loss of promotional opportunities. 2  EMPLOYERS REQUIRED TO PROVIDE SEXUAL HARASSMENT PREVENTION TRAINING FOR ALL EMPLOYEES  Every employer the State of Illinois is required to provide employees with sexual harassment prevention training that complies with sections 2-109 and 2-110 of the Illinois Human Rights Act (“IHRA”).  All employees regardless of their status (i.e. short-term, part-time, or intern) must be trained.  If an employer has an independent contractor working on-site with the employer’s staff, the independent contractor should receive sexual harassment prevention training. 3   an explanation of sexual harassment consistent with the Illinois Human Rights Act;  examples of conduct that may constitute WHAT unlawful sexual harassment; INFORMATION  a summary of Federal and State statutory laws WILL BE concerning sexual harassment including COVERED remedies available to victims; and  a summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment. 4  WHAT IS SEXUAL HARASSMENT? Under the Illinois Human Rights Act, “Sexual harassment” means any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when:  submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,  submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or  such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. 5  TYPES OF UNLAWFUL SEXUAL HARASSMENT  Quid Pro Quo Sexual Harassment. “You do something for me, and I’ll do something for you.” This means that a manager or supervisor may not tell an employee that in order to receive a promotion, raise, preferred assignment, or other type of job benefit – or to avoid something negative like discipline or an unpleasant assignment – the employee must do something sexual in return.  Hostile Work Environment Sexual Harassment. “The air at work is full of sexual references and it is impacting me.” A hostile work environment may occur when unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. 6   Sexual conduct becomes sexual harassment when the behavior is unwelcome. Behavior may be unwelcome in the sense that the victim did not solicit or invite it, or in the sense that the victim regarded the conduct as undesirable or offensive. UNWELCOME  Welcome behavior can quickly become unwelcome behavior. BEHAVIOR What starts off as welcome behavior (consensual joking) can cross a line and become unwelcome behavior.  Also, consent can be revoked at any time. When someone experiencing sexual harassment behavior says, ”stop talking to me like this” it must stop. The perpetrator cannot use as a defense ”Well you started it.” or “You were ok with it at first.” 7   An employee’s “working environment” is not limited to the physical location where the employee is assigned. WORKING The “working environment” extends to other worksites ENVIRONMENT including off-site, mobile or moving worksites/locations.  For example, a “working environment” includes the courthouse for a lawyer, or an off-site event for a caterer. 8   A person can be the victim of sexual harassment GENDER regardless of the victim’s gender identity or the IDENTITY & perpetrator’s gender identity. SEXUAL  A person can be the victim of sexual harassment ORIENTATION regardless of the victim’s sexual orientation or the perpetrator’s sexual orientation. 9   The Illinois Human Rights Act protects Employees and now Nonemployees from sexual harassment. EMPLOYEES AND  Employees include co-workers, supervisors NONEMPLOYEES and managers. AS VICTIMS OF SEXUAL  Nonemployees include persons who are not HARASSMENT employees, but are directly performing services for an employer, such as contractors or consultants (independent contractors or gig workers). 10   Victims of sexual harassment can include Employees and CONTINUED- Nonemployees when sexually harassed by other EMPLOYEES AND Employees or Nonemployees. NONEMPLOYEES AS VICTIMS OF  Victims of sexual harassment can include not only the SEXUAL target of the sexual harassment, but also those HARASSMENT Employees or Nonemployees who are Bystanders or Witnesses to the sexual harassment. 11  EMPLOYEES AND NONEMPLOYEES AS PERPETRATORS OF SEXUAL HARASSMENT  The Illinois Human Rights Act prohibits Employees and Nonemployees from engaging in sexual harassment.  Employees include co-workers, supervisors and managers.  Nonemployees include persons who are not employees, but are directly performing services for an employer, such as contractors or consultants (independent contractors or gig workers).  Employers are responsible for sexual harassment perpetrated by their Employees and Nonemployees against other Employees and Nonemployees.  Employers are also responsible for sexual harassment perpetrated by their Employees and Nonemployees against customers/patrons. 12  CUSTOMERS/PATRONS AS VICTIMS OF SEXUAL HARASSMENT  The Illinois Human Rights Act protects Customers/Patrons from sexual harassment in “places of public accommodation,” such as stores, hotels, restaurants, theaters, museums, health clubs and hospitals.  Employers that are also “places of public accommodation” are responsible for sexual harassment of Customers/Patrons when perpetrated by their Employees or Nonemployees. 13   The Illinois Human Rights Act prohibits sexual harassment of Employees and Nonemployees by CUSTOMERS/ Customers/Patrons and Third Parties. PATRONS AND  Employers are responsible for sexual harassment of THIRD PARTIES their Employees and Nonemployees by AS Customers/Patrons. PERPETRATORS  Employers are also responsible for sexual OF SEXUAL harassment of their Employees and Nonemployees HARASSMENT by Third Parties such as sales representatives, vendors, and/or delivery persons. 14   an explanation of sexual harassment consistent with the Illinois Human Rights Act;  examples of conduct that may constitute WHAT unlawful sexual harassment; INFORMATION  a summary of Federal and State statutory WILL BE laws concerning sexual harassment including COVERED remedies available to victims; and  a summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment. 15  Sexual harassment includes unwelcome conduct of a sexual nature (sexual advances and requests for sexual WHAT ARE favors). Examples include: EXAMPLES OF  Pressure for sexual favors or to go out on a date INAPPROPRIATE CONDUCT?  Deliberate touching, leaning over, or cornering another person  Sexual looks or gestures or whistling at someone 16  Sexual harassment includes unwelcome conduct of a sexual nature (sexual advances and requests for sexual favors). Examples include: CONTINUED-  Sending letters, telephone calls, e-mails, texts, or WHAT ARE other materials of a sexual nature EXAMPLES OF INAPPROPRIATE  Sexual teasing, jokes, remarks, or questions CONDUCT?  Referring to another as a “girl,” “hunk,” “doll,” “babe,” “honey,” “tootsie”, etc.  Actual or attempted rape or sexual assault 17  More examples of conduct that may constitute sexual harassment include:  Turning work discussions to sexual topics CONTINUED - EXAMPLES OF  Asking about sexual fantasies, preferences, or history INAPPROPRIATE  Sexual comments, sexual innuendos, or sexual stories CONDUCT  Touching another employee such as their clothing, hair, or body 18  More examples of conduct that may constitute sexual harassment include:  Sexual comments about a person’s clothing, body, or CONTINUED - looks EXAMPLES OF INAPPROPRIATE  Kissing sounds, howling and smacking lips CONDUCT  Telling lies or spreading rumors about a person’s sex life  Massaging neck, shoulders, etc. 19   Our conduct online and through social media can constitute sexual harassment even when it occurs “off the clock”, “off-site”, or even “out of state”. SEXUAL HARASSMENT IN  Online sexual harassment includes using e- ONLINE mail, cell phone texts, internet posting, online ENVIRONMENTS comments, blog posts, and social media (such as Facebook, Twitter, LinkedIn, Instagram, YouTube, and Snapchat) to send communications of a sexual nature. 20  Examples include:  Flirting and requests or demands to go on a CONTINUED- date or have sex SEXUAL  Sending inappropriate pictures or videos HARASSMENT IN including sexually graphic material ONLINE ENVIRONMENTS  Using sexual language or comments including sexually offensive language  Cyber stalking 21   an explanation of sexual harassment consistent with the Illinois Human Rights Act;  examples of conduct that may constitute WHAT unlawful sexual harassment; INFORMATION  a summary of Federal and State statutory WILL BE laws concerning sexual harassment COVERED including remedies available to victims; and  a summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment. 22  If you experience, witness or become aware of WHAT CAN I DO unwelcome sexual conduct, know that: IF I EXPERIENCE,  You have the right to tell the person to stop. The WITNESS, OR initiating and participating persons must stop the BECOME unwelcome behavior upon request. If they continue AWARE OF UNWELCOME the behavior or retaliate against you because you SEXUAL asked them to stop, they can be found to have CONDUCT? violated the law by engaging in sexual harassment or retaliation. 23  CONTINUED- If you experience, witness or become aware of WHAT CAN I DO unwelcome sexual conduct, know that: IF I EXPERIENCE, WITNESS, OR  You have the right to report the sexual harassment. BECOME Several reporting options are available. The option AWARE OF you choose may depend on the nature and severity of UNWELCOME the unwelcome conduct of a sexual nature. Persons SEXUAL who report sexual harassment or participate in CONDUCT? investigations are protected from retaliation. 24  The choice of how to report an allegation of sexual harassment is a personal one, and these options are not mutually exclusive. You may pursue one or more of the following reporting options: REPORTING SEXUAL 1. Call the State of Illinois Sexual Harassment & Discrimination Helpline HARASSMENT – SEVERAL 2. Report the Incident to Your Employer OPTIONS 3. File a Charge with the Illinois Department of Human Rights (IDHR) 4. File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC) 25  If you or someone you know has experienced or witnessed unwelcome conduct of a sexual nature in the workplace, please call the State of Illinois Sexual Harassment and Discrimination CALL THE STATE Helpline for assistance. Calls are confidential and can be made OF ILLINOIS anonymously. SEXUAL HARASSMENT Call: 1-877-236-7703 AND DISCRIMINATION Visit http://www.illinois.gov/SexualHarassment HELPLINE Helpline representatives can help callers navigate their numerous reporting options and share additional information related to counseling, legal assistance, and frequently asked questions. 26  The choice of how to report an allegation of sexual harassment is a personal one, and these options are not mutually exclusive. You may pursue one or more of the following reporting options: REPORTING SEXUAL 1. Call the State of Illinois Sexual Harassment & Discrimination Helpline HARASSMENT – SEVERAL 2. Report the Incident to Your Employer OPTIONS 3. File a Charge with the Illinois Department of Human Rights (IDHR) 4. File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC) 27  REPORTING SEXUAL HARASSMENT TO AN EMPLOYER Report the incident to one or more of the following employer representatives: 1. Your Supervisor or any member of management you trust. Supervisors and members of management are responsible for knowing the employer’s internal complaint investigation and resolution process. Supervisors can help effect immediate positive change. 2. Human Resources Officers can work with management to investigate and resolve sexual harassment complaints. This option may be preferred, if the perpetrator of the sexual harassment is a supervisor or manager. 28 CONTINUED- REPORTING SEXUAL HARASSMENT TO AN EMPLOYER Report the incident to one or more of the following employer representatives: 3. Designated Sexual Harassment Reporting Officers are often established by employers to specifically receive and investigate sexual harassment complaints. Consult your employer’s sexual harassment policy for specific reporting contact information. 29  The choice of how to report an allegation of sexual harassment is a personal one, and these options are not mutually exclusive. You may pursue one or more of the following reporting options: REPORTING SEXUAL 1. Call the State of Illinois Sexual Harassment & Discrimination Helpline HARASSMENT – SEVERAL 2. Report the Incident to Your Employer OPTIONS 3. File a Charge with the Illinois Department of Human Rights (IDHR) 4. File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC) 30  The Illinois Department of Human Rights (IDHR) is a state agency responsible for enforcing the Illinois REPORTING Human Rights Act, the state law which makes it illegal SEXUAL to engage in sexual harassment or retaliation. HARASSMENT TO  Complainants (victims of sexual harassment) may THE file a charge at any time within 300 days of the ILLINOIS incident(s). DEPARTMENT OF HUMAN RIGHTS  IDHR has jurisdiction (authority) to investigate (IDHR) employers who have 1 or more employees.  To start the process, submit a Complainant Information Sheet to IDHR. 31   After IDHR completes its investigation, the Complainant (the employee): 1. May file a lawsuit in civil court, or REMEDIES 2. May file a complaint with the Illinois Human Rights Commission AVAILABLE (HRC) if IDHR found “substantial evidence” of a violation. UNDER THE  Complainants who prevail in the HRC or Court may receive an order ILLINOIS awarding remedies allowed by the Illinois Human Rights Act to make HUMAN RIGHTS the Complainant “whole.” ACT  Remedies may include: back pay, lost benefits, clearing of a personnel file, damages, hiring, promotion, reinstatement, front pay where reinstatement is not possible, and attorney’s fees and costs. 32  To file a charge, call IDHR or visit them online: 1-800-662-3942 | www.ILLINOIS.GOV/DHR IDHR Offices Locations: REPORTING SEXUAL  Chicago. Office: 312-814-6200 | 866-740-3953 (TTY), 555 W. HARASSMENT TO Monroe St., 7th Floor, Chicago, IL 60661 THE IDHR  Springfield. Office: 217-785- 5100 | 866-740-3953 (CONTACT (TTY), 524 S. 2nd St., Suite 300, Intake Unit, Springfield, IL INFORMATION) 62702  Marion. Office: 618-993-7463 | 217-740-3953 (TTY), 2309 W Main St, Marion, IL 62959 33  The choice of how to report an allegation of sexual harassment is a personal one, and these options are not mutually exclusive. You may pursue one or more of the following reporting options: REPORTING 1. Call the State of Illinois Sexual Harassment & SEXUAL Discrimination Helpline HARASSMENT – 2. Report the Incident to Your Employer SEVERAL OPTIONS 3. File a Charge with the Illinois Department of Human Rights (IDHR) 4. File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC) 34  The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII of the Civil Rights Act of 1964, the federal law that make it illegal to engage in sexual harassment or retaliation. REPORTING  Complainants (victims of sexual harassment) may file SEXUAL a charge at any time within 300 days of the HARASSMENT TO incident(s). THE U.S. EEOC  The EEOC has jurisdiction (authority) to investigate employers who have 15 or more employees.  To start the process, call the EEOC or visit their website. 35  After EEOC completes its investigation: 1. The Complainant (the employee) may file a lawsuit in REMEDIES federal court. AVAILABLE UNDER TITLE VII 2. The EEOC may help parties reach a settlement OF THE CIVIL through an informal process called “conciliation” if RIGHTS ACT OF the EEOC finds “reasonable cause” to believe 1964 discrimination occurred. 36  Complainants who prevail in federal court may receive CONTINUED- an order awarding remedies allowed by Title VII to make REMEDIES the employee “whole.” AVAILABLE UNDER TITLE VII Remedies may include: back pay, lost benefits, clearing OF THE CIVIL of a personnel file, damages, hiring, promotion, RIGHTS ACT OF reinstatement, front pay where reinstatement is not 1964 possible, punitive damages, and attorney’s fees and costs. 37  REPORTING SEXUAL HARASSMENT TO THE U.S. EEOC (CONTACT INFORMATION) To file a charge, call or visit online:  1-800-669-4000 | www.EEOC.GOV  1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only)  1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only) U.S. EEOC Offices Serving Illinois Chicago District Office. JCK Federal Building, 230 S. Dearborn St., Chicago, IL 60604 St. Louis District Office. Robert A. Young Federal Building, 1222 Spruce St., Rm. 8.100, St. Louis, MO 63103 38   an explanation of sexual harassment consistent with the Illinois Human Rights Act;  examples of conduct that may constitute unlawful WHAT sexual harassment; INFORMATION  a summary of Federal and State statutory laws WILL BE concerning sexual harassment including remedies COVERED available to victims; and  a summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment. 39  Yes, employers are responsible for sexual harassment in two ways:  Manager/Supervisor Harassment. Employers are strictly liable for IS MY sexual harassment perpetrated by its members of management EMPLOYER regardless of whether the employer knew of the harassment. RESPONSIBLE FOR SEXUAL  Co-Worker & Nonemployee Harassment. Employers are liable for HARASSMENT? sexual harassment perpetrated by an employee (co-worker) or nonemployees (vendors) only if the employer knew or reasonably should have known of the harassment and failed to take prompt corrective action. 40  We will now discuss employer responsibilities and liabilities concerning incidents of sexual harassment in workplaces including their responsibilities to: EMPLOYER  Prevent the incidence of sexual harassment in their RESPONSIBILITIES workplaces;  Investigate incidents of sexual harassment in their workplaces; and  Correct the incidence of sexual harassment in their workplaces. 41  1. Develop, implement and regularly communicate the employer’s sexual harassment policy. 2. Provide training for managers and employees on EMPLOYER RESPONSIBILITY sexual harassment prevention. - PREVENTION 3. Ensure clear communication on how to report incidents of sexual harassment or conduct of a sexual nature. 42  4. Managers and supervisors should monitor their work environment to ensure the workplace is free of sexual harassment – supervisors should be aware of the conduct within their supervision. CONTINUED- 5. Managers and supervisors must lead by example and model EMPLOYER appropriate conduct – refrain from engaging in conduct of a sexual RESPONSIBILITY nature. - PREVENTION 6. Managers and supervisors should conduct a sexual harassment climate check throughout the year -discuss the topic at a team or staff meeting, in-service day or as part of structured communication such as division/unit newsletters. 43  1. Immediately respond to a complaint of sexual harassment and initiate an inquiry or investigation. 2. Interview the complainant (victim) and take EMPLOYER reasonable action to protect the victim from RESPONSIBILITY retaliation or experiencing further sexual harassment - INVESTIGATION during the investigation. 3. Interview all relevant witnesses. 44  4. Interview the alleged perpetrator of the sexual harassment. CONTINUED- 5. Document the investigation results and maintain the EMPLOYER RESPONSIBILITY file as an employment record. - INVESTIGATION 6. Take corrective action as appropriate. 45  1. Take appropriate corrective disciplinary action up to and including termination of employment where organizational policy has been violated. EMPLOYER RESPONSIBILITY 2. In situations where the conduct in question did not rise to – CORRECTIVE the level of sexual harassment or a violation of policy, but MEASURES is concerning or may be considered grooming behavior, consider counseling, training and closer supervision of the employee. 46  3. Take reasonable action within the organization to reduce the likelihood of future sexual harassment incidents by updating CONTINUED- policies and communicating them to the workforce; providing EMPLOYER supplemental or tailored sexual harassment training; or RESPONSIBILITY restructuring the working environment or reporting – CORRECTIVE relationships. MEASURES 4. Follow up with the complainant (victim) at regular intervals to ensure they and the workplace remains free from sexual harassment. 47  COMPLETION & CERTIFICATION Thank you for completing the Annual Sexual Harassment Prevention Training Please take the following actions: 1. Print and sign the “Certificate of Participation” provided. 2. Return the Certificate to your employer representative. 48 CERTIFICATE OF PARTICIPATION SEXUAL HARASSMENT PREVENTION TRAINING I certify that I have carefully read and reviewed the content of, and completed, the Sexual Harassment Prevention Training pursuant to the Illinois Human Rights Act, 775 ILCS 5/2-109 and 2-110. Training Participant Information: _______________________________________ ______________________ (Printed Name - First, Middle Initial, Last) (Signature) Training Date/Location: _____________________________ _______________ ________________________ (Company Name/Work Location) (Training Date) Training Method 49