Empowering Change: Recent Reforms to Sexual Harassment Laws in Chicago's Workplace

Chicago, like many cities, has longstanding laws against workplace sexual harassment, yet statistics show there is still work to be done. Approximately 27.7% of all harassment charges filed with the Equal Employment Opportunity Commission (EEOC) are related to sexual harassment. Recognizing the need for improvement, Chicago has recently updated its sexual harassment laws, effective from July 1, 2022. These changes aim to enhance victim protection, encourage reporting, and foster harassment-free work environments.

Key Improvements to Sexual Harassment Laws:

Clearer Definition of Sexual Harassment:
The definition of sexual harassment has been refined to explicitly include sexual misconduct, providing greater clarity on unacceptable behavior.

Mandatory Employer Sexual Harassment Policy:
Employers are now required to adopt a written sexual harassment policy. The Commission on Human Relations (CCHR) offers a model policy, and businesses must prominently display a poster providing information on workplace sexual harassment.

Extended Notification Period:
The CCHR now has up to 30 days (previously 10 days) to inform a respondent of a filed complaint, aiming to reduce the risk of retaliation against the accused.

Extended Statute of Limitations:
The reporting window for victims has been extended to 365 days, up from the previous 300 days, offering victims more time to come forward.

Enhanced Preventative Training:
Employers must now ensure that all employees, including contractors engaging with other employees, undergo 1 hour of sexual harassment prevention training annually. Managers and supervisors are required to complete 2 hours of training.

Increased Penalties:
Penalties for discrimination have been substantially increased, from $500-$1,000 per violation to $5,000-$10,000, sending a strong message against non-compliance.

Liability for Sexual Harassment:

In the workplace, employers bear the responsibility of upholding sexual harassment laws, irrespective of their awareness. Liability extends to managers, supervisors, and, if the perpetrator is a co-worker or nonemployee and the employer was aware or should have been aware of the harassment.

Investigation Protocols:

Employers not only have a duty to prevent sexual harassment but are also responsible for thorough investigations. This includes immediate responses, maintaining confidentiality, interviewing all relevant parties, and taking corrective actions to protect victims from retaliation.

How to Report Sexual Harassment in Illinois:

Employees in Illinois have multiple avenues to report sexual harassment:

1. Report the incident to your employer.
2. Call Illinois' Sexual Harassment & Discrimination Helpline.
3. File a charge with the U.S. Equal Employment Opportunity Commission (EEOC).
4. File a charge with the Illinois Department of Human Rights.

Conclusion:

Reporting sexual harassment is a challenging step, but it is crucial to remember that victims have rights and support under evolving laws. Recent reforms in Chicago aim to empower victims, holding employers accountable and fostering safer workplaces. The commitment to change is evident, with the EEOC recovering $299.8 million for victims of sexual harassment between 2018 and 2021.