New Sexual Harassment Statute for Governmental UnitsAuthors: Kelly A. Cahill, Nathan Davidson
December 7, 2017
On November 16, Public Act 100-554 was signed by Governor Rauner and became effective immediately. Within P.A. 100-554 was an amendment to section 70-5 of the State Officials and Employees Ethics Act. This amendment requires that within 60 days of the passage of the act, each governmental unit adopt an ordinance or resolution establishing a policy to prohibit sexual harassment.
Sexual harassment as defined by the Act means any unwelcome sexual advances or request for sexual favors. The definition of sexual harassment also includes any conduct of a sexual nature which occurs in one of the following circumstances. First, when submission to the conduct is explicitly or implicitly a term of or condition of their employment. Second, when submission or rejection of the conduct is used as a basis for an employment decision affecting that individual. Finally, where the conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
At a minimum, the ordinance or resolution establishing a policy prohibiting sexual harassment has to include four things. First, it must include a prohibition on sexual harassment. Second, it must have details on how an individual can report an allegation of sexual harassment, including options for making a confidential report to a supervisor, ethics officer, or the Department of Human Rights. Third, there must be a prohibition on retaliation for reporting sexual harassment allegations, including availability of whistleblower protections under the State Officials and Employees Ethics Act, the Whistleblower Act, and the Illinois Human Rights Act. Fourth, the ordinance or resolution must state the consequences of a violation for the prohibition on sexual harassment as well as the consequences for knowingly making a false report.
To remain in compliance with the law, units of local government must adopt the resolution or ordinance no later than January 15, 2018.