___________________ Preventing Sexual Harassment in the Workplace for Illinois Professionals, 2nd Edition
Each of these scenarios presents a severe event that requires action. The applicable laws and necessary steps will be dis- cussed in detail in this course.
For this definition, the phrase working environment is not lim- ited 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). 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 sexual harassment (IDHR, 2023f).
ILLINOIS PUBLIC ACT 100–0554 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 dis- play 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 require- ment 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).
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