Chicago updated its sexual harassment laws with the passage of Ordinance 2022-665, increasing protections for employees working in the city. Previous guidance stated that the update only applied to employers that aligned with the definition in the Criminal Record or Criminal History section of the Chicago Municipal Code. That is, employers that are either subject to Chicago’s licensing requirements or maintain a business facility in Chicago, and that have employed at least one employee located in Chicago in the current or preceding year. Yet in updated guidance, Chicago recently clarified that the definition of employer includes all employers with “employees who work in Chicago, even if remote, and their managers or supervisors, even if the managers or supervisors work outside of Chicago.” In the attempt to clarify the term, the City did not delete its reference to the previous definition, which causes some confusion. However, it is best to use the broader definition to comply with the Ordinance and avoid punitive measures.

The Ordinance brought six major changes:

1. The definition of sexual harassment was expanded. Sexual harassment now includes unwelcome conduct of a sexual nature. The definition was further expanded to include “sexual misconduct,” which is “any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual's employment position.”
2. Chicago employers must have written sexual harassment policies and updated posters. An employer’s written sexual harassment policy must be made available in the employee’s primary language and within the first calendar week of employment. The written policy must also include at least the following:
   • Statements that sexual harassment and retaliation for reporting sexual harassment are illegal in Chicago
   • The complete definition of sexual harassment as defined in Section 6-010-020
   • A requirement that all employees participate in a minimum of one hour of sexual harassment prevention training annually, as well as one hour of bystander training annually
   • Supervisors and managers must complete an additional hour, for a total of at least two hours of sexual harassment prevention training annually
   • Examples of prohibited conduct that constitute sexual harassment
   • Details on how an individual can report an allegation of sexual harassment, including instructions on how to make a confidential report with an internal complaint form to appropriate authorities, including the individual’s manager, employer’s corporate headquarters or human resources department, or other internal reporting mechanism
   • Information on available legal services, including governmental services, available to employees who may be victims of sexual harassment
   • In addition to written policies, all employers are required to visibly display a poster advising that sexual harassment is illegal, like this English version poster.
3. Chicago has made updated training materials available. The materials are templates meant to be tailored to employer and employee needs. As a note, the template training provided by the State of Illinois is sufficient for the one-hour training for employees under the Ordinance.
4. The Chicago Commission on Human Relations (CCHR) is helping mitigate retaliation under the Illinois Victim’s Economic and Security Act. The CCHR now has up to 30 days to notify a respondent of alleged harm to prevent retaliation toward the victim.
5. The statute of limitations for victims of sexual harassment has increased. Victims now have 365 days, instead of 300 days, to report instances of sexual harassment.
6. Chicago has increased penalties for violations by ten-fold. While penalties were previously intended to be prohibitive, ranging between $500 and $1,000 per violation, they are now quite punitive, ranging between $5,000 and $10,000 per violation.

Recommended Next Steps

As always, employers should review locations and determine if any employees are operating in Chicago, whether in office or remotely. It is imperative to remember that supervisors and managers for those employees based in Chicago must also be trained, regardless of the manager or supervisor’s homebase. Employers should then thoroughly review policies, posters and presentations to comply with the law. Employers should be aware that the training requirement is between July 1 and June 30 of each year, so now is the perfect time to review trainings to provide as much headway as possible to correct any outdated trainings.

Next Up: Illinois Expands Paid and Unpaid Leave Time

Read the Previous Installments:

A Year in Review for Illinois Employers: Obligations You May Have Missed

Illinois Employers Must Act to Comply With New Equitable Employment Laws

The Future of Restrictive Covenants in Illinois

The Illinois Supreme Court, BIPA Clarifications and What Employers Need to Know

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