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.) 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 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 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.
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.” 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 sexual harassment (IDHR, 2023f). Continuing Education Mandate 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]). 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.
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Book Code: PCIL1525
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