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New legislation takes effect on January 1, 2020 that requires restaurant and bar employers to have a written sexual harassment policy, available in English and Spanish. The policy must be provided to employees within the first calendar week of employment. It can be included in the company handbook, or distributed as a separate document. Employees should confirm with their signature that they have received the policy, and employers should keep that record.
The Illinois Restaurant Association has developed a policy template exclusively for IRA members that has been vetted by our attorneys. Download the template in English and Spanish.
Training Requirement Deadline - December 31, 2020
The Illinois Department of Human Rights has announced that employers have until December 31, 2020 to comply with the training requirement of the new law.
By the end of 2020, all Illinois employers must provide sexual harassment prevention training to all employees on an annual basis, regardless of employment classification. There is no timeframe specified in which the training must be provided to a new hire, but just that training must be provided annually.
Approved online training is available through ServSafe's Sexual Harassment Prevention for the Restaurant Industry program in English and Spanish.
Enforcement
Enforcement of the new law is under the jurisdiction of the Illinois Department of Human Rights, and compliance inspections will be triggered by complaints filed with the Department. Proof of sexual harassment prevention training must be provided upon request from the Illinois Department of Human Rights. Businesses out of compliance will be given 30 days to comply, or face civil penalties ranging from $500-$1,000 for the first offense.
Questions?
Contact Mary Wilkie, IRA Director of Education, with any questions.