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WHAT’S INSIDE
Chapter 1: Preventing Sexual Harassment in the Workplace for Illinois Professionals, 2nd edition (Mandatory) 1 [1 CE hour] This course will help Illinois healthcare professionals identify sexual harassment in the workplace, prevent it, and take appropriate action if it occurs.
THIS COURSE MEETS YOUR SEXUAL HARASSMENT PREVENTION TRAINING REQUIREMENT
Chapter 2: Advanced Funeral Planning, 2nd Edition
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[4 CE hours] Advanced funeral planning is a general term with many facets. It is a decision that must be fine-tuned to the individuality, lifestyle, and religious base of each person. Many people plan for life events, such as weddings and vacations, well in advance. However, most do not plan for something that is certain to happen: their funeral. Further, many people are unaware of how expensive laying a loved one to rest can be. Assisting individuals in their quest to plan ahead significantly reduces the risk of leaving family members not only emotionally unprepared but also financially unprepared. This course is developed as a guide to help you, as a professional provider or agent, navigate the options that best suit all parties. Chapter 3: Ethical Standards in the Funeral Industry 27 [2 CE hours] This course has been developed to create a framework surrounding ethics within the funeral service industry. The principles of ethics are critical in this field of service, since human interaction and empathy are the driving force behind what funeral professionals do. This course will identify the impact of basic ethical principles not only on an individual level, but also on an organizational level, and their overall influence on the success of our industry. Chapter 4: Formaldehyde Monitoring Update, 2nd Edition 35 [2 CE hours] This course takes laws from the website of United States government’s Occupational Safety and Health Administration’s formaldehyde standards and informs and updates the reader of what checks and balances are in place to keep laborers who require exposure to formaldehyde as part of their vocation safe, healthy, and protected from negligent overexposure or misuse of the helpful yet toxic colorless liquid preservative. Chapter 5: Modern Restorative Arts and Embalming Techniques, 2nd Edition [3 CE hours] This course is an intermediate course that is designed to provide some updated information on the new trends and advanced procedures for embalming, restorative art, and burial in the funeral profession. Let’s face the fact that much of the funeral industry has been stuck in the past with limited exposure to advancement and ideas of modern modalities to create a better environment. The past has been passed on for generations and what has been done has been passed on from one generation to another with limited training on the new advances and what could be done. With every changing world and new blood coming into the funeral industry, we start to see these ideas coming up, but still hold habits that are hard to break to introduce these new technological advances. This course isn’t created to force these ideas on you, but to share what is available and to better share what might be working and what might not to better help you grow in this era. Final Examination Answer Sheet 60 50
©2024: All Rights Reserved. Materials may not be reproduced without the expressed written permission or consent of Colibri Healthcare, LLC. The materials presented in this course are meant to provide the consumer with general information on the topics covered. The information provided was prepared by professionals with practical knowledge in the areas covered. It is not meant to provide medical, legal or professional services advice. Colibri Healthcare, LLC recommends that you consult a medical, legal or professional services expert licensed in your state. Colibri Healthcare, LLC has made all reasonable efforts to ensure that all content provided in this course is accurate and up to date at the time of printing, but does not represent or warrant that it will apply to your situation or circumstances and assumes no liability from reliance on these materials. i FUNERAL CONTINUING EDUCATION Book Code: FIL1225
What are the requirements for license renewal? Licenses Expire Frequently Asked Questions
CE Hours Required
Mandatory Subjects
Illinois requires funeral directors and embalmers to complete 24 CE hours every 2-year licensing period (12 hours are allowed through homestudy)
Licenses expire on May 31 of every odd-numbered year
1 hour of sexual harassment prevention training
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Sexual Harassment Prevention Training Beginning January 1, 2020, in order to renew your license, a 1-hour sexual harassment prevention training is required of all persons who hold a license issued by the Illinois Department of Financial and Professional Regulations (IDFPR). Licensees can take the CE training from any provider or sponsor that is authorized to provide CE for any profession regulated by IDFPR. How do I complete this course and receive my certificate of completion? See the following page for step-by-step instructions on how to complete and receive your certificate. Are you an Illinois board-approved provider? Colibri Healthcare, LLC is an approved provider with the Illinois Department of Financial and Professional Regulation (Funeral Director and Embalmer CE Sponsor #274.000089). Are my hours reported to the Illinois board? No. The Illinois Department of Financial and Professional Regulations requires licensees to certify at the time of renewal that they have complied with the continuing education requirement. The Board performs audits at which time proof of continuing education must be provided. What information do I need to provide for course completion and certificate issuance? Please provide your license number on the test sheet to receive course credit. Your state may require additional information such as date of birth and/or last 4 of Social Security number; please provide these, if applicable. Is my information secure? Yes! We use SSL encryption, and we never share your information with third-parties. We are also rated A+ by the National Better Business Bureau. What if I still have questions? What are your business hours? No problem, we have several options for you to choose from! Online at EliteLearning.com/Funeral you will see our robust FAQ section that answers many of your questions, simply click FAQs at the top of the page, e-mail us at office@elitelearning.com, or call us toll free at 1-888-857-6920, Monday - Friday 9:00 am - 6:00 pm and Saturday 10:00 am - 4:00 pm EST. Important information for licensees: Always check your state’s board website to determine the number of hours required for renewal, mandatory topics (as these are subject to change), and the amount that may be completed through home-study. Also, make sure that you notify the board of any changes of address. It is important that your most current address is on file. Disclosures Resolution of conflict of interest Colibri Healthcare, LLC implemented mechanisms prior to the planning and implementation of the continuing education activity, to identify and resolve conflicts of interest for all individuals in a position to control content of the course activity. Sponsorship/commercial support and non-endorsement It is the policy of Colibri Healthcare, LLC not to accept commercial support. Furthermore, commercial interests are prohibited from distributing or providing access to this activity to learners.
Licensing board contact information: Illinois Department of Financial and Professional Regulation | Division of Professional Regulation 320 West Washington Street, 3rd Floor | Springfield, Illinois 62786 I Phone: 1-888-473-4858 Website: https://idfpr.illinois.gov/profs/fundiremb.html
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Implicit Bias in Health Care The role of implicit biases on healthcare outcomes has become a concern, as there is some evidence that implicit biases contribute to health disparities, professionals’ attitudes toward and interactions with patients, quality of care, diagnoses, and treatment decisions. This may produce differences in help-seeking, diagnoses, and ultimately treatments and interventions. Implicit biases may also unwittingly produce professional behaviors, attitudes, and interactions that reduce patients’ trust and comfort with their provider, leading to earlier termination of visits and/or reduced adherence and follow-up. Disadvantaged groups are marginalized in the healthcare system and vulnerable on multiple levels; health professionals’ implicit biases can further exacerbate these existing disadvantages. Interventions or strategies designed to reduce implicit bias may be categorized as change-based or control-based. Change-based interventions focus on reducing or changing cognitive associations underlying implicit biases. These interventions might include challenging stereotypes. Conversely, control-based interventions involve reducing the effects of the implicit bias on the individual’s behaviors. These strategies include increasing awareness of biased thoughts and responses. The two types of interventions are not mutually exclusive and may be used synergistically.
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FUNERAL CONTINUING EDUCATION
Book Code: FIL1225
Chapter 1: Preventing Sexual Harassment in the Workplace for Illinois Professionals, 2nd edition (Mandatory) 1 CE Hour
By : Julie Wallin Culligan, PhD, FAIHM, MEd, NBC-HWC, CYT-200 Learning outcomes Describe sexual harassment according to Illinois Public Act 100–0554. Describe mandates of Illinois Public Act 100–0554. Recognize federal mandates related to sexual harassment in the workplace.
Describe how to report sexual harassment in the workplace. Discuss the impact of sexual harassment in the workplace. Identify ways to prevent sexual harassment in the workplace.
INTRODUCTION
As Jason begins to explain his ideas, Mark nods and places his hand on Jason’s upper thigh. Mark smiles and says, “You know, Jason, I really admire you. You have a great work ethic and innovative ideas. I am in a position to help you advance in your career. I think we could become good friends and enjoy ourselves outside of the workplace as well. Our friendship could benefit both of us, and no one ever needs to know.” Jason is horrified. “What do I do?” he thinks. “This guy is a married man with kids who is propositioning me! He could really mess up my career. What do I do? Whom do I tell? Would anyone believe me?" Case Study2 Carolyn is a lead case manager in a busy outpatient clinic. During monthly staff meetings, William, another case manager, makes it a point to sit next to Carolyn. He enjoys sharing pictures of pornography and jokes that contain numerous sexual innuendos with her. Carolyn has firmly told him that these behaviors offend her, and she insists that he stop. William laughs and tells her she is a prude and needs to lighten up. “I’ve shown this stuff to most women in this clinic, and you’re the only one that can’t take a joke,” he says. Carolyn doesn’t care what other people do or do not do. As soon as the meeting concludes, she marches to the human resources office to file a sexual harassment complaint per organizational policy. Case Study2 Dana is a newly licensed social worker. She is a bit intimidated by her colleagues, who have worked at her clinic for at least several years. Martin is a clinical social worker with 20 years of experience. Although he provides excellent patient care, he has a reputation for being arrogant and a bit of a bully with younger colleagues. His behavior has been tolerated over the years because of his excellent clinical skills. One afternoon Dana is in the utility room gathering supplies. Martin follows her into the room and shuts the door firmly behind him. He blocks her exit from the utility room. “You know Dana, you’re new here—young and inexperienced. I could help you out and help you get ahead in this place. I have connections. I’ve worked here forever. I can stop other people from giving you a hard time. All you have to do is to be nice to me.”
Anyone can be sexually harassed regardless of sex, gender identification, or age. Both men and women can be targets of sexual harassment, and it can be peer against peer, supervisor against employee, and even subordinates against supervisor (Enright, 2020). Data on the lifetime prevalence of sexual harassment vary, likely due to variances in reporting and how individuals define harassment in their life. Stop Street Harassment’s nationally representative 2018 online survey indicated that 81% of women and 42% of men over the age of 18 reported experiencing sexual harassment in the workplace sometime during their lifetime (Raj et al., 2021). According to a Marketplace-Edison Research Poll, those in the south (25%) were the most likely to have experienced sexual harassment at work. The northeast was the next highest at 21%, and the west and Midwest were the lowest at 18% and 17%, respectively (Edison Research, 2018). Between fiscal years (FY) 2018 and 2021, the U.S. Equal Employment Opportunity Commission (EEOC) received 98,411 allegations charging harassment in the workplace. Of these, 27,291 (35.4%) alleged sexual harassment. Women filed 62.2% of these harassment charges and 78.2% of all sexual harassment charges FY 2018–2021. Of note, in the two years following the #MeToo movement going viral (October 2017), the number of sexual harassment charges received by the EEOC temporarily increased from 6,696 (FY 2017) to 7,609 (FY 2018) and 7,514 (FY 2019) only to then decrease in both FY 2020 (6,587) and FY 2021 (5,581), below pre-#MeToo numbers (Office of Enterprise Data and Analytics [OEDA], 2022). This basic-level course will help Illinois Healthcare professionals identify sexual harassment in the workplace, prevent it, and take appropriate action if it occurs. Case Study1 Jason is a newly promoted director of behavioral health. He worked hard for this promotion and is eager to fulfill his responsibilities as part of the management team. Jason currently serves on an interdisciplinary task force. The organization’s chief executive officer (CEO) frequently attends these task force meetings. After one of these meetings, the CEO stops Jason and asks that he make an appointment to discuss Jason’s ideas. Jason is flattered and makes the appointment with Mark Williams, the CEO. When Jason arrives, Mark encourages him to sit down next to him on the couch in his office. Pictures of Mark’s wife and three children are displayed prominently around the office.
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Martin then grabs Dana with both arms and forcibly kisses her on the lips. Dana breaks free and slaps William across the face. The behavioral health manager enters the utility room and witnesses the slap. Martin immediately shouts, “She assaulted me! I’m going to file charges and get her fired!” Dana immediately begins to shout her own accusations. The manager has Dana and Martin accompany her to the human resources department. The manager is following hospital protocol to seek human resources mediation for these types of conflicts.
Each of these scenarios presents a severe event that requires action. The applicable laws and necessary steps will be discussed in detail in this course.
ILLINOIS PUBLIC ACT 100–0554
Regarding employment specifically, the state of Illinois defines sexual harassment as "any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when: ● 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” (Bautista, 2022). For this definition, the phrase working environment is not limited to a physical location 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 (Bautista, 2022): ● 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” (IDHR, 2023a). ● Sexual harassment can be in any form: Physical, verbal, visual, or written (IDHR, 2023a). 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 As noted earlier, 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 (Illinois General Assembly, 2019). 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 (Illinois Department of Financial and Professional Regulation, 2023). 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/ sexual harassment (IDHR, 2023f). Continuing Education Mandate
On November 16, 2017, Governor Bruce Rauner signed Illinois Public Act 100–0554, which was directed to respond partly to a growing anti–sexual harassment movement in the workplace. The act (passed by legislators in 2018 as Public Act 100-0762) bans members of the General Assembly from using any public funds, including their member office allowances, as “hush money” to keep persons who say they have experienced sexual harassment silent or as part of a settlement to stop an allegation or investigation into sexual harassment accusations. Additionally, as part of this law, starting on January 1, 2020, professionals licensed by the state of Illinois must complete at least one hour of sexual harassment prevention training (Illinois General Assembly, 2019). The state of Illinois defines sexual harassment within two main types: Hostile work environment and quid pro quo (literally, something for something): Sexual harassment is unwanted, deliberate, or repeated sexual behavior. Sexual harassment can include the display of sexually suggestive objects, signs, magazines, or pictures or the sending of sexually suggestive emails or text messages to persons who do not want this attention. Sexual harassment can also be a subtle or direct requirement that a sexual or social relationship is part of your job, housing, or educational performance. For example, making any part of your job (such as wages, promotions, references, or working conditions), any part of your housing (such as your rent, your security deposit, or lease renewal), or any part of your educational performance (such as grades, honors, course work, or scholarships) contingent on submission to the sexual behavior. (IDHR, 2023a.)
Mandates of Illinois Public Act 100–0554 About Sexual Harassment Sexual Harassment Policy According to the laws of the state of Illinois, a written sexual harassment policy should include, at a minimum, the following (IDHR, 2023e): ● 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.”
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Protection Act” to cover all levels of state government and reward citizens who blow the whistle (Androphy et al., n.d.). A whistleblower can get up to 30% of the amount recovered as a reward upon completing a successful whistleblower suit (Office of Inspector General State of Illinois, n.d.-b). A whistleblower’s identity is confidential except in rare circumstances where the law requires disclosure (Office of Inspector General State of Illinois, n.d.-a) The law further states: If you are a State employee and you disclose or threaten to disclose to your supervisor or any public body something you believe is illegal, or provide information to any public body investigating corruption, or participate in a proceeding to enforce the State Official’s and Employees Ethics Act … [If retaliation occurs, remedies can include] reinstatement; two times back pay; interest on back pay; and/or payment of reasonable costs and attorneys’ fees. (Office of Inspector General State of Illinois, n.d.-b) For further details about the whistleblower laws in Illinois, including various telephone numbers for reporting, visit the website at https://oeig.illinois.gov/complaints/process.html. Scenario 1 Marilyn attends her organization’s annual employee appreciation picnic, held at an exclusive country club, thanks to the administrative team’s membership. Marilyn is in a two-piece bathing suit preparing to enter the club’s swimming pool when a male coworker calls out to her, “ Hey Marilyn, looking good! Too bad you can’t wear bathing suits to work.” Is this sexual harassment? The answer is no . The legislation does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious. However, if Marilyn’s colleague makes comments that are frequent or so severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted), it would be sexual harassment (EEOC, n.d.-b). One offhand comment is not generally considered sexual harassment. Scenario 2 Jason is a staff social worker who has applied for a promotion to the position of behavioral health manager for his clinic. Danielle, the director of counseling services for the company, is interviewing Jason as part of the application process. Jason is uncomfortable around Danielle, as she often finds excuses to talk to him alone and generally includes multiple sexual innuendos throughout the conversation. During the interview process, Danielle mentions how lonely she has been since her divorce and asks about the state of Jason’s marriage. She says, “If you are ever looking for a little action on the side, I’m your woman. In fact, I would give you the promotion in a heartbeat if we can have a more ‘beneficial’ relationship.” Is this sexual harassment? The answer is yes . The director of counseling services has displayed a pattern of behavior that constitutes sexual harassment. Additionally, she is making Jason’s promotion contingent on sexual favors. The elements that make this situation sexual harassment are that the comments are about the employee’s intimate personal situation, including an offer of action (clearly intimating sexual contact) and an offer of employment advancement with an “if” of engaging in sexual actions. This offer is coercion, and Danielle’s repeated sexual innuendo encounters create a hostile work environment (EEOC, n.d.-b).
Pages/default.aspx]). The website provides links to legal protections, reporting, legal assistance, and counseling. Details of these issues are discussed in the next section, including the reporting of sexual harassment. The Sexual Harassment Hotline Call Center can be reached between 8:30 AM and 5 PM Monday through Friday, except on state holidays. By law, all communications received via the hotline or accompanying website are confidential and exempt from disclosure under the Freedom of Information Act (IDHR, 2023f.). Whistleblower laws in Illinois The National Whistleblower Center defines a whistleblower as “someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing” (National Whistleblower Center, n.d.). The Illinois Whistleblower Act protects citizens, including state and local government employees, who, based upon a reasonable belief of corruption, “blow the whistle on government” (Illinois General Assembly, 2008; Office of Inspector General State of Illinois, n.d.-b) In 1991, Illinois passed the “Illinois False Claims Act” (IFCA), extending the previous “Illinois Whistleblower Reward and
FEDERAL LEGISLATION REGARDING SEXUAL HARASSMENT
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII of this act applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies, labor organizations, and the federal government (IDHR, 2023c). According to the U.S. Equal Opportunity Commission (EEOC), “unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature” constitute sexual harassment (EEOC, n.d.-b). “Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision”, such as the victim being fired or demoted (EEOC, n.d.-b). Direct pick up from Nursing The EEOC notes that sexual harassment can occur in a variety of circumstances, including: ● The victim, as well as the harasser, may be a woman or a man. The victim does not have to be of the opposite sex. ● The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a coworker, or a nonemployee. ● The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. ● Unlawful harassment may occur without economic injury to or discharge of the victim. ● The harasser’s conduct must be unwelcome. Direct pick- up It is also “unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII” (EEOC, n.d.-a). The following scenario’s help us think through different cases of sexual harassment.
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BRIEF HISTORY OF THE ANTI–SEXUAL HARASSMENT MOVEMENT
it as she was helping women of color from underprivileged communities who were survivors of sexual violence (Leung & Williams, 2019). Now, more than a decade later, the phrase has become the widely recognized slogan of the anti–sexual harassment movement. This movement has brought about the downfall of some of the most powerful men in business, entertainment, and politics. Cortina and Areguin (2021) developed Cortina’s Iceberg of Sexual Harassment (https://nap.nationalacademies.org/ visualizations/sexual-harassment-iceberg/) to elucidate the difference between “sexual” and “gender” harassment, with sexual harassment being more sexual coercion or attention (come-ons), and gender harassment being more “below the water line” identity-based put-downs. Cortina and Areguin propose that gender harassment has at its core a foundation of gendered contempt, with the goal to “put people down and push them out, not pull them into sexual activity.” What does this movement mean for the average American woman (and man) dealing with sexual harassment in the workplace? How can such harassment be prevented? How can we remember that although the majority of sexual harassment victims are women, it impacts men as well? How can we educate society so that they can comprehend that sexual harassment can affect anyone, regardless of age, gender, race, sexual orientation, socioeconomic status, or hierarchical position within an organization? The American Association of University Women (AAUW) highlights the importance of allies in supporting individuals and raising cultural awareness. Allies can show their support by: ● Truly appreciating the value of diversity. ● Proactively look for inequities. ● Doing a thorough self-examination. ● Listening! ● Being aware of colleagues behaving badly. ● Talking to HR if you witness discrimination. ● Sharing what you know. ● If you are a man, thinking of how you can help women at work.
Some people may believe that the issue of sexual harassment has only recently been openly discussed. However, in 1978, Lin Farley wrote a mass-market paperback called Sexual Shakedown . Coining the term sexual harassment , Farley described “women’s pervasive experiences of sexual intimidation and outright abuse on the job” (Farley, 1978). Farley insisted that society understand the systemic role verbal and physical sexual assault has played in the workforce. Although Farley’s book is no longer in print, it is as relevant today as it was then, if not more so. Issues of unequal pay, lack of promotional opportunities, unjust firing, and gender segregation in the workplace continue (Dowell, 2022; Kessler-Harris, 2018). As sexual harassment and sexual discrimination have continued throughout the years, a glimmer of hope for change occurred when the 1964 Civil Rights Act was passed. For the first time, federal legislation prohibited discrimination on the basis of sex, as well as discrimination based on race and religion. Diane Williams, an African American employee of the U.S. Justice Department, instigated one of the first court cases based on this act. Williams sued to regain her job after being wrongfully terminated because she refused to sleep with her boss. She was victorious, and her case set a precedent for women fighting against demands for sexual favors in exchange for conditions of employment (Kessler- Harris, 2018). Over the years, more cases followed. Although not all women were victorious, it began to be noticed that sexual harassment was a legally prohibited type of discrimination that limited women’s opportunities in the workplace (Kessler-Harris, 2018). Even though some advances have been made, sexual harassment continues to flourish in specific environments. One of the most significant occurrences in the struggle against sexual harassment in recent years was the emergence of the #MeToo and #TimesUp movements (Chawla et al., 2021). Although many people think the #MeToo movement was first used within the past few years, it was actually coined in 2006 by Tarana Burke, who used
● Refusing to fall into gendered roles. ● Being an ally at home (AAUW, n.d.).
REPORTING SEXUAL HARASSMENT IN ILLINOIS
The following section discusses the procedures, guidelines, and documentation related to reporting sexual harassment in Illinois (IDHR, 2023d). Actions and documentation There are several initial steps to take when sexual harassment occurs (IDHR, 2023c; IDHR, 2022): ● Object to the behavior. The first step in dealing with sexual harassment is to overtly object to the harasser’s behavior. Let the harasser know that their actions are unwelcome and offensive. Tell the harasser that you are offended by these actions and want them to stop. During sexual harassment investigations, detailed questions will be asked about the circumstances of the harassment. Victims will be asked if they made it clear that the perpetrator’s actions were unwelcome. ● Identify witnesses . Were there any witnesses to the harassment? Was anyone else subjected to harassment by this perpetrator? It is often the case that others have been harassed by this perpetrator as well.
● Notify management. Though not necessary, it is a good idea to report the incident to your supervisor. If the supervisor is the sexual harasser, see their supervisor and report the incident to the affirmative action officer or human resources. Be familiar with your organization’s policies and procedures regarding sexual harassment. ● Notify law enforcement as indicated. If the harassment is criminal—for example, rape—law enforcement should be called immediately. ● Document everything. Documentation is essential to fighting sexual harassment. Documentation must include the following: ○ What happened, when it happened, and where it happened. ○ Exactly what was said and what behaviors occurred with each instance of harassment. ○ Any threats the harasser made. ○ Any promises that were made in exchange for sexual favors.
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○ Any witnesses to the harassment. ○ Your experience reporting the harassment; how organizational policies and procedures were followed, the outcome of following those procedures, and outcomes of all actions taken to report the harassment. ○ If the police were called, why and when they were called, and the outcome of calling the police. ○ Status of your work productivity; have copies of work-related activities such as performance evaluations, awards, and promotions. The Illinois Human Rights Act prohibits retaliation for sexual harassment complaints, including “conduct intended to deter or dissuade a person from making a complaint or filing a report of sexual harassment, or participating in an investigation conducted by the Illinois Department of Human Rights or other similar agency” (IDHR, 2023a; IDHR, 2023b). The following scenarios show that reporting sexual harassment is not a simple process. In Scenario 3, Ashley finds that having accurate documentation regarding sexual harassment is essential. Scenario 4 shows that not all claims of sexual harassment are valid. It is essential to have policies and procedures that objectively evaluate all circumstances and protect the rights of all involved parties. Scenario 3 Ashley is a case manager with 15 years of experience and is a licensed clinical social worker who has applied for a promotion. Her manager is James, who is highly regarded by the leadership team because of the consistently high achievement of desired patient outcomes and his ability to run his unit within budget. Over the past six months, James has been making comments of an offensive sexual nature that are directed toward Ashley. These comments always occur out of sight and hearing of other people. These comments affect Ashley’s ability to concentrate, and she hates coming to work. Ashley decides to file a sexual harassment grievance. According to facility policy, the first step is to discuss the situation with her manager. Because her manager is the harasser, Ashley must go to a human resources counselor. When she meets with Marcie, the human resources counselor, Ashley says that she has been the victim of sexual harassment by her manager. Marcie is objective and open to discussion. Their conversation follows. sexual harassment (IDHR, 2023d). Persons who have experienced sexual harassment in the workplace have several reporting options. Where a person can report sexual harassment depends on where the harassment occurred. Suppose the harassment was in either the private or public sector (the part of the economy composed of all levels of government and government-controlled enterprises). In that case, a person needs to contact their human resources department, manager, or supervisor. Many employing organizations have specific policies and procedures for reporting sexual harassment (IDHR, 2023c) For those individuals working in the public sector, several agencies and offices handle sexual harassment complaints. For specific details, access the Public Sector Only section at https://shdh.illinois.gov/reporting.html
Marcie: “Ashley, how long has James been making these comments?” Ashley: “A few months, maybe six or so. I’m not really sure. It seems like forever.” Marcie: “Do you have any documentation regarding what James said, when he said it, and where these conversations took place?” Ashley: “No, not really. I mean, I didn’t write things down. He used foul language and talked about what he’d like to do to me, sexually, I mean. It seemed like a lot. He says if I’m nice to him, I could get that promotion to clinical lead.” Marcie: “Did you get the promotion?” Ashley: “I don’t know. I haven’t heard.” Marcie: “Ashley, I must tell you that James has filed a sexual harassment suit citing you as the perpetrator. He has recorded dates and times of occurrences and what was said by each of you. He alleges that you offered to trade sexual favors to get that promotion. He has notified the Illinois Department of Human Rights.” Ashley is horrified. It is coming down to her word against James’s, and James has documented what he claims happened, including dates, times, and what was said. Scenario 4 Marlena and her partner Jessica have been dating for nearly a year. They have been talking about moving in together. Both Marlena and Jessica work in a large school counseling department. Jessica is Marlena’s supervisor. As Marlena excitedly makes plans to move into Jessica’s apartment, something goes wrong. Jessica approaches Marlena and tells her, “I really don’t want to hurt you, but I’ve met someone else. We’re getting serious quickly, and she’s moving in with me next week.” Marlena is shocked and heartbroken. After a few days, sorrow turns to anger and, finally, a desire for revenge. Marlena makes up a documentation record of alleged sexual harassment occurrences. She cites Jessica as the harasser, claiming that Jessica used her power as supervisor to coerce Marlena into a sexual relationship. After an extensive investigation by the human resources department and the Illinois Department of Human Resources, it was determined that the allegations were false. Marlena was disciplined for making false claims against her supervisor. The IDHR has jurisdiction over complaints of sexual harassment in employment, housing, public accommodation, and education. A person may also contact the IDHR at https://shdh.illinois.gov for a list of additional resources for reporting sexual harassment. Figure 1 is the Complainant Information Sheet (CIS) used in the intake process. CIS forms specifically for harassment or discrimination in employment, housing and real estate, financial credit, public accommodation, and sexual harassment in education can be accessed online at https:// dhr.illinois.gov/publications/forms.html and submitted via email to IDHR.Intake@illinois.gov. Note that the CIS form for charges of employment discrimination must be filed within 300 days of the alleged discrimination (IDRH, 2023a). The complete four-page writable pdf form can be viewed at: https://dhr.illinois.gov/content/dam/soi/en/web/dhr/ filingacharge/documents/cis-emp-pa-fc-sh-rev-03-2021-vf. pdf
Guidelines from the Illinois Sexual Harassment and Discrimination Helpline The Illinois Sexual Harassment and Discrimination Helpline (IDHR, 2023e; IDHR, 2022) offers guidelines for reporting
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either party. Representation by an attorney is not required. If IDHR does not make a finding by the 365th day (plus the number of days for extensions, if any, or any tolling period while a request for review is pending), the complainant has 90 days to file a complaint with the Human Rights Campaign or to file a complaint in the state circuit court. After completing the investigation, the investigator writes a report summarizing the information obtained and makes a recommended finding based on the relevant evidence. After approval, IDHR sends a copy of the report to both parties. Step 4: Findings and results . The written report mentioned in step 3 is prepared to recommend whether there is substantial evidence of a violation of the act. A finding of substantial evidence means there is enough evidence for the complainant to take the case before either an administrative law judge at the Illinois Human Rights Commission or an appropriate state circuit court. The complainant can either request that IDHR file a complaint on the complainant’s behalf with the commission or commence a civil action in a state circuit court of the appropriate venue. If IDHR finds a lack of substantial evidence, the complainant can either file a request for review with the commission or start a civil action in a state circuit court of an appropriate venue. A notice of default may be entered if the respondent has failed to file a timely verified response to the charge or has failed to attend the fact-finding conference. Within the period specified in the act, the respondent may file a request for review with the commission. Final orders of the commission may be appealed to the appropriate appellate court. Step 5: Legal review . Several options are available to complainants and respondents after receipt of the investigation report: ● Request for review rights: For dismissed charges, complainants have the right to file a request for review with the HRC within 90 days of service of the dismissal. The respondent may file a request for review with the HRC within 30 days of service of a notice of default recommendation. ● Public hearing: If substantial evidence is found, complainants have the option of requesting that IDHR file a complaint, on the complainant’s behalf, with the HRC within 90 days of service of the department’s substantial evidence finding. ● Complainant requests IDHR to file a complaint with the HRC : In this case, IDHR offers the parties the opportunity to settle through conciliation with a staff attorney or mediator (non-housing cases). If a settlement agreement is not reached, IDHR will file a complaint of civil rights violation with the HRC on behalf of the complainant. ● Legal representation: Both parties must obtain legal representation to present or defend the case properly before the administrative law judge. Suppose the administrative law judge recommends a finding that the respondent has discriminated against the complainant. In that case, the administrative law judge can recommend necessary remedies to make the complainant “whole,” placing the complainant in a position as if the discrimination had not occurred. A three-member panel of the HRC can review the recommendation of the administrative law judge. If the case goes to a public hearing, the entire process could take several years.
Figure 1: State of Illinois – Department of Human Rights: Complaint Information Sheet
Documentation process The documentation process involves five steps (IDRH, 2023b ): Step 1: Intake . Required documentation must be completed. Step 2: Mediation. Mediation is optional, is an alternative to an investigation, and may quickly resolve a charge. Mediation is a no-cost information process in which the parties involved meet voluntarily with a trained and certified IDHR mediator who helps explore a possible resolution of the charge. Step 3: Investigation . Investigation occurs if the involved parties do not participate in mediation or if the mediation is unsuccessful. Complainants (persons filing complaints) and respondents (persons responding to accusations of harassment) have a responsibility to cooperate with IDHR’s investigation. IDHR has the power to subpoena relevant documents and persons. The role of IDHR is to conduct a neutral investigation into the allegations of the charge. Respondents are forbidden from retaliating against any person because they have filed or have otherwise participated in the investigation of a charge. If a person believes they have been retaliated against, they can file a retaliation charge with IDHR. Both parties may be required to attend a fact-finding conference, a face-to-face meeting conducted by an IDHR investigator where the complainant and representatives of the respondent answer questions so that the investigator can determine if there was a violation of the Human Rights Act. During the fact-finding conference, either party may bring legal counsel if the attorney has entered a Notice of Appearance. However, the attorney’s role is strictly advisory. They may not testify at the conference except on matters about which they have first-hand knowledge, nor may they ask direct questions of
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Book Code: FIL1225
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THE IMPACT OF SEXUAL HARASSMENT IN THE WORKPLACE
complaint on her behalf was filed with the HRC. A financial settlement was reached, and the COO was terminated. Even though the investigative results supported her claim and she received compensation, Nancy cannot, as she put it, return to normal. She is having nightmares about the circumstances of the sexual harassment and is showing signs of depression. Her blood pressure is elevated, and she is experiencing ongoing gastrointestinal issues. Nancy is suffering from the physical and psychological effects of dealing with sexual harassment. came forward years after the harassment took place. There are several reasons for these issues (Cortina & Areguin, 2021; Patrick, 2017): ● Fear of blame, disbelief, retaliation, and/or damage to career or reputation. ● Feelings of shame, embarrassment, or guilt (“Did I do something to ‘cause’ the harassment?”). ● Loss of job or loss of possible promotions. ● Conflicting emotions if the harasser was viewed as a friend or mentor until the sexual harassment occurred. ● Loss of agency in the reporting process. ● Fear/experience of reporting and investigation process (reliving, recounting potentially traumatizing experiences). In addition to the physical and emotional impact of sexual harassment, there is often a financial toll. Physical and emotional effects (physical illness, depression) may lead to absenteeism and negatively impact job performance and career progression (Cortina & Areguin, 2021). Some people leave their jobs (even jobs they love) to escape their harassers. Patrick (2017) pointed out, “Sexual harassment victims don’t quit jobs; they quit bosses.” Even if their immediate supervisors are not the harassers, victims may view the workplace as toxic and cite a lack of support from their employing organization. 2. Resistance: The body works to regain homeostasis during the resistance. Coping and adaptation take place. Because the body cannot maintain the high energy levels of the alarm stage, it redirects the stress response to a manageable level. Resistance occurs with the assumption that the stressful circumstances are resolved or manageable. 3. Recovery or exhaustion: The body recovers and regains homeostasis with the resolution or management of stressors. However, if the stress continues unabated, the body becomes exhausted, and the impact of elevated cortisol and other hormones begins to affect health negatively. Although our body is relatively well equipped to tolerate and accommodate to stressors delivered in small doses, it can suffer serious effects resulting from chronic stress, such as what might happen from the experience of ongoing sexual harassment and filing a complaint about it. Three body systems are particularly affected by chronic stress (American Psychological Association, 2018; Harvard Health, 2020) including the cardiovascular, gastrointestinal, and immune systems.
Sexual harassment has many physical and psychological impacts on the victim. The following scenario and section describe the effects sexual harassment can have on an individual’s health. Scenario 5 Nancy is a social work manager who recently filed a sexual harassment claim with IDHR, citing the hospital’s chief operating officer (COO) as the harasser. The results of the ensuing investigation showed substantial evidence to indicate that sexual harassment had occurred. A
Physical and psychological effects of dealing with sexual harassment Some of the most influential businesspeople, celebrities, and religious figures have been charged with sexual harassment. The media focus on high-profile firings and criminal trials that have taken place as a result of sexual harassment complaints. However, there has been relatively little focus on the emotional and physical impact of having been sexually harassed.
People who have been (or are being) sexually harassed frequently experience mental health problems that can negatively impact their physical health. These issues do not cease with the successful conclusion (for the complainant) of a sexual harassment complaint. The effects of dealing with the harassment and filing a complaint can be long term (Cortina & Areguin, 2021; Patrick, 2017). Compounding the impact of sexual harassment is the fact that it is significantly underreported. Many victims of such harassment suffer in silence, and some continue to work in a toxic environment that allows harassment to exist and, in some cases, to flourish (Cortina & Areguin, 2021). The people reporting sexual harassment may often become stigmatized at work, especially if the charged harasser is popular or particularly valued by the organization. This stigma contributes to the mental health consequences faced by the reporting individual. Victims of sexual harassment are often bombarded with questions about why they did not come forward or why they Physical symptoms related to stress When faced with threatening circumstances, the body responds with a complex physiological reaction. When confronted by such circumstances, the hypothalamus releases a chemical messenger into the bloodstream that travels directly to the pituitary gland. The pituitary gland responds to this messenger by producing adrenocorticotropic hormone (ACTH). ACTH travels through the bloodstream until it reaches the adrenal glands. ACTH stimulates the adrenal cortex to produce corticoids, which work to release the body’s stored energy (Harvard Health, 2020). The hypothalamus also stimulates the medulla of the adrenal gland to produce epinephrine. Epinephrine produces rapid, short-term high energy levels to deal with the stressor. Heart rate and blood pressure are elevated, digestion slows, sweating increases, and all the senses become more acute. Energy levels increase, muscle tension increases, and bronchi dilate, facilitating air entry into the lungs (Harvard Health, 2020). All people experience stress at one time or another. The body responds to stress is the general adaptation syndrome (GAS), which has three phases (Harvard Health, 2020): 1. Alarm: Alarm is the flight-or-fight response. The autonomic nervous system is activated, and there is an adrenaline surge. All body systems rally, and the body increases the energy needed to either flee from the stressor or confront it.
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