The amendment includes an expansion of the definition of sexual harassment, increased training requirements for employees and managers, a new requirement for employers to establish a written policy on sexual harassment, and stricter penalties for violations. Failure to maintain these records creates a rebuttable presumption that the employer violated the ordinance if and when an employee files a complaint with the Commission. The policy must include (a) a statement that sexual harassment is illegal in Chicago; (b) the definition of sexual harassment; (c) a requirement that all employees participate in sexual harassment prevention training and bystander training on an annual basis; (d) examples of prohibited conduct that constitute sexual harassment; (e) information on how to report sexual harassment, including instructions on how to make a confidential report using the companys internal reporting mechanism and legal services available to employees who may be victims of sexual harassment; and (f) a statement that retaliation for reporting sexual harassment is illegal in Chicago. Through this training, you will learn more about what is a bystander and how to act in tough situations. National Law Review, Volume XII, Number 166, Public Services, Infrastructure, Transportation. Chicago Enacts New Sexual Harassment Prevention Requirements, Effective Sexual misconduct includes any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individuals employment position. While the broadened definition merely codifies what courts have long considered hostile work environment sexual harassment, we anticipate an influx in the filing and prosecuting sexual harassment claims based on this change alone. Now, the amendments increase the notification period to thirty days, which is intended to mitigate any retaliation against the complaining employee such as denial of a reasonable accommodation request under the Illinois Victims Economic and Security Act. Every day a violation continues is considered a separate offense for purposes of calculating penalties. Sexual Harassment is prohibited by the City of Chicago. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. Chicago Updates its Anti-Harassment Law | Littler - JDSupra Interpretation of an Interpreter Request? Historically, the Chicago Commission on Human Relations had to provide the alleged harasser with a copy of the complaint filed against them within ten days after it was filed. According to the Human Rights Ordinance, the Commission has 10 days to notify employers of other complaints of harassment, discrimination, or retaliation. The Chicago City Council enacted amendments to the Citys Human Rights Ordinance that take effect July 1, 2022. IRS Provides Additional Guidance for Advanced Energy Projects Under Reversal Rates In The Sixth Circuit And Elsewhere. PDF 2-120-480 Purpose and intent - City of Chicago Along with a new and expanded definition of sexual harassment, the Committee on Workforce Development voted to increase annual training requirements, reporting periods, notification periods, and monetary penalties. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. We did too. Anyone, regardless of their gender identity can be a victim of sexual harassment. It is not meant to convey the Firms legal position on behalf of any client, nor is it intended to convey specific legal advice. The definition of sexual harassment is revised to explicitly include sexual misconduct: Sexual harassment means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment; or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individuals work performance or creating an intimidating, hostile, or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individuals employment position. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Eagan, MN 55121 GovDocs, Inc. Clear Law has been in contact with and will continue to consult with the Chicago Commission on Human Relations to ensure that our training complies with all aspects of the new Chicago Human Rights Ordinance. U.S. Department of Education Delays Release of Title IX Final Rules Californias Workplace Violence Bill Passes State Senate and Heads to Leaves of Absence Four Key (and Surprising) Points for Navigating Israel Approves the First Animal-Free Protein for Food Use. Learn more about Clear Law Institutes full suite of online sexual harassment training. If applicable, please note that prior results do not guarantee a similar outcome. An Employer includes virtually any entity that employs one or more employees in the preceding or current calendar year and any of their agents. By complying with the Chicago ordinance, employers will also be in compliance with the less stringent Illinois state training requirements. The policy must include: Employers must provide the policy to employees in their primary language within their first week of work. The content and links on www.NatLawReview.comare intended for general information purposes only. Chicago Employers: Notable Amendments to Chicago's Sexual Harassment US - Chicago Expands Sexual Harassment Prevention - Conventus Law The amended ordinance steepens the penalties for all forms for discrimination, including sexual harassment, from $500 - $1,000 per violation, to $5,000 - $10,000 per violation. GT Alert_Chicago Amends Its Sexual Harassment Ordinance, PLI's Cutting-Edge Employment Law Issues 2023: The California Difference. A Long Hot Summer: Effective Variable Rates Subject to Increase ( U.S. Supreme Court Unanimously Finds Subjective Intent Controls in $1.185 Billion PFAS Settlement For Water Utilities. In short, any entity that employs at least one individual who works in the city of Chicago is a covered employer, and that Chicago-based employee is a covered employee. Longer Period to Report Discrimination. The Chicago City Council enacted amendments to the City's Human Rights Ordinance that take effect July 1, 2022. Neither Narrow Proposed Claim Construction nor Work Product Claim Are Some Tokens Securities? Who is a supervisor under Chicago City Council Ordinance 2022-665, the new sexual harassment prevention training ordinance? Gas Pipeline Methane Emissions Under Congressional Scrutiny; PHMSA Federal Court to Reexamine Merits of a Nationwide Injunction to Tip No Limits: Non-Compete Agreements Next Up on NLRB General Counsel European Parliaments Leading Committees Vote to Approve AI Act. As of July 1, 2022, all employers in Chicago must have a written policy on sexual harassment. Chicago Ordinance Expands Sexual Harassment Training Requirements Vaccines protect you and the people around you, reducing the spread of COVID-19. The definition of prohibited sexual harassment is expanded to include the new content below in italics: Sexual harassment means any unwelcome sexual advances orunwelcome conduct of a sexual nature; or (ii) requests for sexual favors or conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individuals work performance or creating an intimidating, hostile or offensive working environment; or(iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individuals employment position. Forever chemicals: a PFAS regulatory update with Jean Mosites [ Mintz May Madness: Montanas New Consumer Data Privacy Law Follows Sackett Decision Shrinks Federal Regulation of Wetlands, Time Is Money: A Quick Wage-Hour Tip on Training Time, FCA Publishes Findings From its Whistleblowing Survey 2022. Clear Law Institute is also proud to offer harassment prevention compliance packages, which include required policies, notices, and postings for each jurisdiction in which employers operate. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. PDF WORKPLACE HARASSMENT - City of Chicago City of Chicago Expands Sexual Harassment Prevention - Cooley Expanded Definition of Sexual Harassment. Bystander training is intended to encourage employees to recognize, intervene, and show empathy in situations involving sexual harassment. Ask Insurance Unpacking Averages: Understanding the Potential for Bias in a Sepsis CMS Proposing Major Changes to Medicaid Drug Rebate Program, The CROWN Act: Unbraiding the Legal Issues for Employers. The Chicago City Council recently adopted an ordinance ("Amendments") amending the Municipal Code of Chicago to require employers to provide training to employees and supervisors on sexual harassment prevention and bystander reporting obligations. Ward and Smith's 2023 Health Care Breakfast and Learns at New Bern Golf & Country Club!
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