City of Chicago’s Sexual Harassment Law Amended with Significant Changes Affecting Employers

In April 2022, the Chicago City Council passed an ordinance amending the Municipal Code, resulting in expanded employee protections against sexual harassment and new employer requirements to prevent harassment. While some changes took effect June 4, 2022, many of the revisions requiring employer action will become effective July 1, 2022.

On June 4, 2022, the following amendments to the law took effect:

the definition of sexual harassment was expanded to include sexual misconduct;
the statute of limitations, in which a victim may report sexual harassment and other forms of discrimination, increased from 300 to 365 days;
the timeline in which the Chicago Commission on Human Relations (CCHR) may notify a person alleged to have caused harm increased to up to 30 days from the date a complaint is filed, compared to 10 days previously;
and penalties for discrimination increased from $500 – $1000 per violation to $5,000 -$10,000 per violation.

On July 1, 2022, more changes to the law will go into effect, including the requirement that all city of Chicago employers have a written sexual harassment policy, post a sexual harassment notice, conduct annual sexual harassment prevention training, and retain records showing compliance.

Sexual Harassment Policy:

Employers must have a written policy prohibiting sexual harassment that includes the following:

a statement that sexual harassment is illegal in the city of Chicago,
the city’s new enhanced definition of sexual harassment,
training requirements,
examples of prohibited conduct that constitute sexual harassment,
reporting procedures and legal services available, and
a statement that retaliation for reporting sexual harassment is illegal in Chicago.

This policy should be provided to new hires within the first calendar week of employment and should be written in the employee’s primary language.

Sexual Harassment Poster:

In addition, employers are required to post a notice where employees can see it advising that sexual harassment is prohibited. Employers must post at least one CCHR designed poster in English and one in Spanish.

Sexual Harassment Prevention Training:

Employers must provide annual training as noted below. With this provision taking effect July 1, 2022, the first round of training must be completed by June 30, 2023.

1 hour of sexual harassment prevention training for all employees and an additional 1 hour of this prevention training (2 hours total) for managers and supervisors.

1 hour of bystander training for all employees

Recordkeeping Requirements:

Employers must keep a written record of the employer’s sexual harassment policy and the trainings given to each employee, along with any other records necessary to demonstrate compliance, for at least five years (or the duration an any claim, civil action, or investigation pending under the Ordinance, if longer).

Employers should take steps to ensure their policies, posters and training are in compliance when these changes in the law take effect. More information can be found on the City of Chicago: Sexual Harassment website. Sexual harassment model policies, posters, and training templates will be available on this site by July 1, 2022.

ABOUT THE AUTHOR

Amy Wisner

Amy Wisner is a Human Resources Consultant on Assurance’s Risk Services Team. With more than 25 years of human resources experience, Amy helps clients minimize risk, improve employee morale, increase efficiencies and reduce turnover by recommending and implementing human resource solutions to their business challenges. She serves as an advisor and partner to business leaders on human resources topics including performance management and development, retention and engagement, talent acquisition, employee relations, compensation, policy administration and training.