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Preventing Sexual Harassment in the Workplace for Illinois Professionals, 2nd edition: Summary
Sexual Harassment Policy According to the laws of the state of Illinois, a written sexual harassment policy should include, at a minimum, the following: • A statement that sexual harassment is illegal • The definition of sexual harassment under the Illinois Human Rights Act • A description of the acts that constitute sexual harassment, with examples • The employer's internal complaint procedure, including penalties • The legal recourse, investigative, and complaint processes available through the Illinois Department of Human Rights (IDHR) and the Illinois Human Rights Commission (IHRC). Information as to how a person can contact IDHR and IHRC • Information regarding the protection against retaliation under Section 6-101 of the Illinois Human Rights Act The sexual harassment policy must be made available to any individual within two business days upon written request, including electronic requests. Any person may contact the authorized agent of the registrant to report allegations of sexual harassment. Continuing Education Mandate Illinois law now requires that professionals licensed by the state of Illinois obtain at least one hour of sexual harassment prevention training. This law applied to license renewals starting January 1, 2020. Social workers are required to complete this training with every license renewal. It may count as part of the 20 hours of required continuing education. Sexual Abuse Hotline Illinois law requires the Illinois Department of Human Rights to establish and operate a sexual harassment hotline. The Illinois Sexual Harassment & Discrimination Helpline can be accessed by calling 1-877-236- 7703 or visiting the website at https://www2.illinois.gov/sites/ sexualharassment/Pages/default.aspx.
• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or • Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment”.
LEARNING TIP! For this definition, the phrase “working environment” is not limited to a physical location where an employee is assigned to perform their duties and does not require an employment relationship (Bautista, 2022).
For example, a vendor or salesperson may be a sexual harasser, even though the organization does not directly employ them. A few additional notes on sexual harassment: • Any employee can be a victim of sexual harassment, regardless of gender identity or sexual orientation • Any employee or customer/patron can be a perpetrator of sexual harassment, regardless of gender identity or sexual orientation • Nonemployees (e.g., contractors), as well as bystanders and witnesses, can be victims • Consent (joking, teasing, invited contact) can be revoked at any time. When someone says, “Stop,” it must stop • Sexual harassment can occur “online, off the clock, off-site, or even out of state” • Sexual harassment can be in any form: physical, verbal, visual, or written
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