(a) No employer, employee, agent of an employer, employment agency, or labor organization shall engage in sexual harassment. An employer shall be liable for sexual harassment by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.
(b) Every employer shall have a written policy document prohibiting sexual harassment.
(1) The written policy document shall include at least the following:
(A) A statement that sexual harassment is illegal in Chicago.
(B) The definition of sexual harassment as defined in Section 6-10-020.
(C) A requirement that all employees participate in:
(i) sexual harassment prevention training annually.
(a) Employees shall partici-pate in a minimum of one hour of sexual harassment prevention training annually.
(b) Anyone who supervises or manages employees shall participate in a minimum of two hours of sexual harassment prevention training annually.
(ii) one hour of bystander training annually.
(D) Examples of prohibited conduct that constitute sexual harassment.
(E) Details on:
(i) how an individual can report an allegation of sexual harassment, including, as appropriate, instructions on how to make a confidential report, with an internal complaint form, to a manager, employer's corporate headquarters or human resources department, or other internal reporting mechanism; and
(ii) legal services, including governmental, available to employees who may be victims of sexual harassment.
(F) A statement that retaliation for reporting sexual harassment is illegal in Chicago.
(2) The written policy document shall be provided in an employee's primary language within the first calendar week of that employee's employment.
(c) Every employer shall require its employees to participate in the trainings and time requirements required by Section 6-10-040(b)(1)(C). For the annual required sexual harassment prevention training, an employer may use the model sexual harassment prevention training program prepared by the State of Illinois required under 775 ILCS 5/2-109, or may establish its own sexual harassment prevention training program that equals or exceeds the minimum standards set in 775 ILCS 5/2-109(B).
(d) Every employer shall conspicuously display in at least one location where employees commonly gather posters designed by the Commission about the prohibitions on sexual harassment. The employer shall display at least one poster in English and one poster in Spanish.
(e) Each employer shall maintain for at least five years, or for the duration of any claim, civil action, or investigation pending pursuant to this section, whichever is longer, a record of the employer's written policy document prohibiting sexual harassment and trainings given to each employee, and records necessary to demonstrate compliance with this chapter. Failure to maintain these records shall create a presumption, rebuttable by clear and convincing evidence, that the Employer violated this Section 6-10-040.
(f) Any person who violates subsections (b), (c), or (d) of this section shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Every day that a violation shall continue shall constitute a separate and distinct offense.
(Prior code § 199-4; Added Coun. J. 12-21-88, p. 23526; Amend Coun. J. 4-27-22, p. 46382, § 11)