Legal updates

State Law Mandates Public Employer Adoption of
Sexual Harassment Policies Via Ordinance or Resolution

November 17, 2017 

If the recent national scrutiny of sexual harassment in the workplace was not enough, public employers now have further incentive to ensure that their jurisdiction maintains an effective and comprehensive anti-harassment policy. On November 16, 2017, Governor Rauner signed Public Act 100-0554 into law, which now requires local government employers to enact ordinances or resolutions that adopt sexual harassment policies.  

Requirement for State Government Officials
Primarily, this new law amends the State Officials and Employees Ethics Act to address issues of sexual harassment in state government employment. One provision requires state government leaders and employees in the General Assembly, state executive branches, and state agencies to undergo annual sexual harassment training. Another provision requires state lobbyists to undergo training and maintain sexual harassment policies.

Requirements for Units of Local Government
Besides its applicability to state officials and state employment, Public Act 100-0554 imposes a significant legal requirement on local governmental entities. Specifically, no later than 60 days after the law’s effective date, each unit of local government (including community college and school districts) must adopt an ordinance or resolution establishing a policy to prohibit sexual harassment. The law requires such policies to include at least four components:  

  • A prohibition on sexual harassment;
  • Details on how an individual can report an allegation of sexual harassment, including options for making a confidential report to a supervisor, ethics officer, Inspector General or the Department of Human Rights;
  • A prohibition on retaliation for reporting sexual harassment, including availability of whistleblower protections under the State Officials and Employees Ethics Act, the Whistleblower Act, and the Illinois Human Rights Act; and
  • The consequences of a violation of the prohibition on sexual harassment and the consequences for knowingly making a false report.
5 ILCS 430/70-5(a).

Public employers with existing harassment policies should review their policies for compliance with the above four criteria and ensure that the policy has been affirmatively adopted by resolution or ordinance. Public employers without a formal harassment policy should begin developing one so that compliance can be achieved within the statutory 60-day timeframe. When doing so, public employers should consider broadening any policy to encompass discrimination and harassment based on any protected status.  

Additional Considerations
According to U.S. EEOC guidance and federal court decisions, it is best for employers to conduct regular training on preventing harassment and discrimination in the workplace, so that employees at all levels understand their options for reporting harassment complaints and effective responses to prohibited behavior. While not statutorily required for units of local government, public employers should consider anti-harassment training as a critical component for maintaining a workplace free of unlawful harassment. 

By reviewing and updating their harassment policies and implementing training, Illinois public employers also will help prepare themselves to respond to the EEOC’s forthcoming “Enforcement Guidance on Unlawful Harassment.” The EEOC recently finalized this updated Enforcement Guidance, which awaits final publication by the U.S. Office of Management and Budget. The guidance presumably will build on previously identified “best practices,” including for example the maintenance of comprehensive and effective harassment policies, effective and accessible harassment complaint systems, and effective harassment training.

If you have questions, please contact a Clark Baird Smith LLP attorney for guidance on complying with Public Act 100-0554, and the EEOC’s anticipated revisions to its harassment Enforcement Guidance.