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Amendments to Chicago Ordinance Impose Additional Obligations
Relating to the Prevention of Sexual Harassment
As of July 1, 2022, amendments to the Chicago Human Rights
Ordinance went into effect, requiring employers with at least one
employee working within the city’s boundaries to update
sexual harassment policies; display new posters; and augment their
sexual harassment training. Employers who fail to comply could face
fines of up to $10,000 per day.
Employers’ sexual harassment policies must now track the
City of Chicago’s model policy, which, among other
requirements, includes a statement that sexual harassment is
illegal in Chicago and provides a definition and examples of
prohibited conduct that constitutes sexual harassment. The Chicago
Commission on Human Rights provides a
City of Chicago Sexual Harassment Model Policy as well as
a
Sexual Harassment Model Poster.
All employers with at least one employee working within the city
of Chicago’s boundaries also must provide a Sexual Harassment
Prevention Training and a Bystander Intervention Training.
Supervisors and managers must complete two hours of the Sexual
Harassment Prevention Training annually, while all other employees
must complete one hour of such training annually. All employees
must complete one hour of the Bystander Intervention Training
annually.
Supervisors/managers not located in Chicago but who
supervise/manage employees in Chicago must also complete the newly
required training.
Employers must retain written records to show compliance with
the Ordinance, including records of the policies and training
provided to employees for five years. The statute of limitations
for violations of the Ordinance has increased from 300 days to 365
days.
Benesch attorneys are ready to assist with compliance with the
amended Ordinance.
Recent Amendments to the Illinois Equal Pay
Act: Under recent amendments to the Illinois
Equal Pay Act (IEPA), employers with at least 100 employees in
Illinois, that were authorized to do business in Illinois as of
March 23, 2021, must apply for an
Equal Pay Registration Certificate by March 23, 2024.
Employers authorized to do business in Illinois after March 23,
2021 must apply within three years of commencing business
operations, but not before January 1, 2024. The Illinois Department
of Labor will assign employers a specific deadline to apply.
In the application for an Equal Pay Registration Certificate,
employers must provide a list of all employees employed during the
past calendar year. The list must: 1) separate the employees by
gender, race, and ethnicity as reported in the employer’s
most recently-filed EEO-1; 2) include the start dates for each
employee; 3) include the county in which each employee works; 4)
include “any other information the Illinois Department of
Labor deems necessary to determine if pay equity exists among
employees”; and 5) report the total wages paid to each
employee over the past calendar year, rounded to the nearest $100.
The Illinois Department of Labor has provided a
template spreadsheet, which indicates what information should
be reported in the list of employees.
In addition to the list of employees, employers must also
provide a certification statement. The Illinois Department of Labor
has provided a
template certification statement, which includes all required
information as well as blank spaces for employers to complete with
information specific to them.
Employers are not exempted from compliance if the Illinois
Department of Labor fails to provide a deadline. Employers should
contact the Illinois Department of Labor if they do not receive a
deadline but believe they should have received one. If an employer
has not incurred any penalties for violating the Illinois Equal Pay
Act’s reporting/certification requirements, the employer is
entitled to 30 calendar days to submit an
application/recertification if they failed to do so initially.
Employers would be wise to gather employee information and
conduct pay audits in order to prepare for assembling their
applications. The Illinois Department of Labor has posted a list
of
Frequently Asked Questions, as well as helpful
PowerPoint slides, to its website.
Amendments to the One Day Rest in Seven
Act: Governor Pritzker signed
SB 3146 into law on May 13, 2022, amending ODRISA in four
distinct ways, which go into effect January 1, 2023:
Seven-Day Period vs. Calendar Week. First, the
amendments to ODRISA provide a new definition of the period covered
by the Act. The new amendment replaces the term “calendar
week” with “seven-day period.” Thus,
starting January 1, 2023, ODRISA will apply to any employee who
works six consecutive days regardless of where those days fall on
the standard Sunday to Saturday workweek.
Additional Meal Period for Shifts of at Least 12
Hours. Next, the amendments will require an additional
meal period for employees when their shifts are 12 or more hours.
Starting January 1, 2023, employers will have to provide an
additional 20-minute meal period for every 4.5 hours worked beyond
the initial 7.5 hours. If an employee works 12 consecutive hours,
they are entitled to two 20-minute meal breaks. The amendment also
clarifies that meal breaks do not include “reasonable time
spent using the restroom facilities.”
New Notice Requirements. The amendments will
require that employers conspicuously post a notice that summarizes
ODRISA requirements and provides information as to how an employee
may file a complaint. For remote employees or employees who
frequently travel, employers must provide the notice via email or
on a website that the employees regularly use to communicate
work-related information. The Illinois Department of Labor will
make this notice available on its website before
January 1, 2023.
New Penalties for Noncompliance. Starting January
1, 2023, employers with fewer than 25 employees may be fined $250
in penalties, payable to the Illinois Department of Labor, as well
as $250 in damages, payable to the affected employee(s), per
offense. Employers with twenty-five or more employees may be fined
$500 in penalties, payable to the Illinois Department of Labor, as
well as $500 in damages, payable to the affected employee(s), per
offense.
Illinois employers should review and, where applicable, revise
employee work schedules to ensure that they comply with the
Act’s amendments.
Creation of the Family Bereavement
Act: Governor Pritzker signed
SB 3120 into law on June 9, 2022. Also known as the Family
Bereavement Leave Act, this Act amends the Child Bereavement Leave
Act and will go into effect on January 1, 2023. As with the Child
Bereavement Leave Act, the Family Bereavement Leave Act tracks the
eligibility requirements in the federal Family and Medical Leave
Act (“FMLA”). To be eligible for leave under the Family
Bereavement Leave Act, and employee must have: 1) been employed by
the employer for at least one year; 2) worked at least 1,250 hours
for the employer during the prior 12-month period; and 3) worked at
a worksite with at least 50 employees within a 75-mile radius.
The Family Bereavement Leave Act requires that covered employers
provide up to 10 workdays of unpaid leave to eligible employees who
are absent due to any of the following: a miscarriage; an
unsuccessful intrauterine insemination or assisted reproductive
technology procedure; a failed adoption; an adoption match that is
not finalized because it was contested; a failed surrogacy
agreement; a diagnosis that negatively impacts pregnancy or
fertility; or a stillbirth.
The Family Bereavement Leave Act will also require employers to
provide 10 workdays of unpaid leave for employees attending the
funeral of, grieving the death of, or making arrangements due to
the death of a “covered family member.” Under the
Act, “covered family member” includes children,
stepchildren, spouses, domestic partners, siblings, parents,
parents-in-law, grandchildren, grandparents, or stepparents.
Illinois employers should review and, where applicable, revise
policies to ensure that they comply with the requirements of the
Family Bereavement Leave Act.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
