Employers in recent months have understandably been laser-focused on COVID-19. However, Illinois employers – including employers who are largely based outside of Illinois but have even one employee who works in Illinois – should be mindful of their new obligation to provide annual sexual harassment prevention training before the end of the year (and yearly thereafter) under the Illinois Workplace Transparency Act (“WTA”) and its amendments to the Illinois Human Rights Act (“IHRA”). Recently, the Illinois Department of Human Rights (“IDHR”) published its Model Sexual Harassment Prevention Training Program (the “Model Training”), which should be used as a guideline for ensuring employers’ own training programs comply with the WTA.

Administration of the Training

All Illinois employers must implement a sexual harassment prevention training program by the end of 2020 and subsequently provide the training on an annual basis. Unlike in some other states, there are no length or format requirements for the training, except that the training must be “interactive,” must be accessible to employees with disabilities, and must be accessible to employees who speak languages other than English.

The minimum content requirements for all employees are:

  • An explanation of sexual harassment consistent with the definition provided in the IHRA;
  • Examples of conduct that constitutes unlawful sexual harassment;
  • A summary of federal and Illinois law concerning sexual harassment, including remedies available to victims of sexual harassment; and
  • A summary of responsibilities of employers in the prevention, investigation and corrective measures of sexual harassment.
  • On April 28, 2020, IDHR released