Employers with at least one employee who performs work within Chicago are required by Chicago’s Human Rights Ordinance to provide annual sexual harassment prevention training, regardless of where the employer is located or how many workers it employs.
Chicago’s ordinance sets a higher bar than the Illinois Human Rights Act on nearly every point, and employers bound by both are required to satisfy each set of requirements independently. Employers who violate Chicago’s sexual harassment training, policy, or posting requirements are subject to fines of $500 to $1,000 per offense, and employers who don’t correct a violation are subject to additional fines for each day the violation continues.
Which Employers Chicago’s Ordinance Covers
The One-Employee Rule
Chicago’s ordinance applies to any employer with at least one employee working within city limits, regardless of whether the employer is based in Chicago or not. Salaried, part-time, intern, and temporary employees all count, meaning a single seasonal hire or unpaid intern can be enough to trigger the city’s training requirements.
Managers Who Work Outside Chicago
Chicago’s ordinance extends its two-hour supervisor training requirement to any manager or supervisor who oversees employees performing work within the city’s boundaries, even if the manager works outside Chicago. An out-of-state manager whose direct reports occasionally work in Chicago is subject to the city’s two-hour training requirement for supervisors.
Remote and Hybrid Employees Who Work in Chicago
An employee who performs work from a Chicago address, even on an occasional basis, counts as an employee working within city limits under the ordinance. The Chicago Commission on Human Relations has issued guidance on this point precisely because it catches out-of-city employers off guard.
The Three Annual Training Requirements
Chicago’s ordinance sets three distinct annual training requirements, and each has a separate time obligation and deadline. An employer who satisfies one but not all three is still out of compliance.
1. One Hour of Sexual Harassment Prevention Training for All Employees
Employers are required to provide a minimum of one hour of sexual harassment prevention training to every employee working within Chicago’s city limits each year. Training runs on an annual cycle from July 1 through June 30, with June 30 as the completion deadline each year.
2. Two Hours of Training for Supervisors and Managers
For anyone in a supervisory or managerial role, the annual training requirement doubles to two hours. The additional hour is designed to address supervisors’ direct responsibility for responding to harassment in the workplace, and Chicago’s ordinance holds them to a higher standard than regular employees. An employer who provides one hour of training across the board is not in compliance with the ordinance.
3. One Hour of Bystander Intervention Training for All Employees
In addition to the prevention training, Chicago’s ordinance requires employers to provide every employee with one hour of bystander intervention training annually by the same June 30 deadline.
Required Content and Delivery Under the Ordinance
Content of Training
Employers covered by the ordinance are required to cover each of the following in their annual sexual harassment prevention training:
- The definition of sexual harassment under Illinois law, with concrete examples of prohibited workplace conduct
- The federal and state laws that apply to workplace harassment and the remedies employees can pursue
- The specific steps an employer is obligated to take when a complaint is made, from investigation through corrective action
Bystander intervention training has its own content requirements separate from the sexual harassment prevention component. Employers are required to cover:
- What sexual harassment is and how to recognize it in the workplace
- What bystander intervention means and when it applies
- How an employee can safely respond when witnessing harassment, whether by alerting a supervisor or following up privately with the person targeted
Delivering the Training
Chicago’s ordinance ties its training content requirements directly to the standards set by the Illinois Human Rights Act. Employers have three options for delivering compliant training:
- Use the free model training developed by the Illinois Department of Human Rights, available at dhr.illinois.gov/training
- Build an in-house program that meets or exceeds the IHRA’s minimum content standards
- Use a third-party training provider whose program meets those same standards
Online delivery is an accepted format as long as the content requirements are met.
Accessibility Requirements
Employers with staff who have disabilities or limited English proficiency are required to provide training in formats accessible to those employees. The Chicago Commission on Human Relations provides model training materials in six languages at no cost at chicago.gov/cchr.
Training Records and the Five-Year Retention Rule
Another provision of Chicago’s sexual harassment ordinance requires employers to keep a copy of their written sexual harassment policy and records of the training provided to each employee. Employers need to hold onto records for a minimum of five years, or for the duration of any pending complaint, civil action, or sexual harassment investigation, whichever is longer. An employer who cannot produce these records when the CCHR comes looking is presumed to have violated the ordinance.
Fine Ranges Under Chicago’s Sexual Harassment Ordinance
Employers who fail to meet Chicago’s annual training requirement, written policy requirement, or workplace posting requirement under Section 6-10-040 are subject to fines of $500 to $1,000 per offense, with each day a violation continues counted as a separate offense.
Employer Obligations Beyond Annual Training
Chicago’s ordinance goes beyond training hours and deadlines. Employers covered by the ordinance are subject to separate documentation and notice requirements, and a failure to meet any one of them carries fines of $500 to $1,000 for each day the violation continues.
Required Elements of Chicago’s Written Sexual Harassment Policy
Every employer covered by the ordinance is required to have a written sexual harassment policy as a permanent written reference for employees. A sexual harassment policy needs to address many of the same topics the annual training covers, including:
- A statement that sexual harassment is illegal in Chicago
- The definition of sexual harassment under Chicago Municipal Code Section 6-10-020
- The annual training requirements for sexual harassment prevention and bystander intervention
- How employees can report allegations of sexual harassment internally, including confidential reporting options
- The governmental and legal services available to employees who experience harassment
- A statement that retaliation for reporting sexual harassment is illegal in Chicago
Employers need to provide each new employee with a copy of the policy within their first calendar week of employment in the employee’s primary language, not just in English. Employers also need to display CCHR-designed posters about sexual harassment prohibitions in at least one location where employees commonly gather in both English and Spanish.
A free model policy is available through the Chicago Commission on Human Relations at chicago.gov/cchr in multiple languages.
Chicago vs. Illinois: Where the Training Requirements Diverge
Illinois state law requires all employers with at least one employee working in Illinois to provide annual sexual harassment prevention training, and the content standards under Section 2-109(B) of the IHRA apply statewide. Chicago’s ordinance builds on those standards and goes further in three significant ways.
1. Bystander Intervention Requirement
Chicago’s ordinance requires employers to provide every employee who performs work within the city’s geographical boundaries with one hour of bystander intervention training annually, separate from the sexual harassment prevention training requirement. Illinois state law does not impose a bystander intervention requirement on most employers, though it does require all bars and restaurants in Illinois to provide supplemental sexual harassment prevention training that covers industry-specific conduct and manager liability under Illinois law.
2. Deadlines That Run on Different Schedules
Illinois state law sets a December 31 annual training deadline, while Chicago’s deadline is June 30. An employer with employees performing work in Chicago is subject to both deadlines, and the city’s earlier deadline governs the timeline in practice. An employer who waits until the fourth quarter to schedule training may satisfy the state’s December 31 deadline but will have already missed Chicago’s June 30 deadline by several months, which carries its own daily fines for each day the violation continues. A training program delivered by June 30 satisfies both the city and state deadlines for that year.
3. The Two-Hour Supervisor Requirement
Illinois state law requires one hour of annual sexual harassment prevention training for all employees regardless of role. Chicago’s ordinance requires two hours specifically for anyone in a supervisory or managerial position.
An employer who fully satisfies Chicago’s ordinance will also satisfy the IHRA’s training requirements, since Chicago’s standards are higher across the board. An employer who assumes state compliance is sufficient will fall short of what Chicago requires on both training hours and bystander intervention.
How a Sexual Harassment Complaint Can Expose Training Failures
When an employee files a sexual harassment complaint with the CCHR, the commission’s investigation includes an examination of whether the employer provided annual training and maintained the required training records. An employer who cannot show that every covered employee received the full hours of training required under Section 6-10-040 by the June 30 deadline is presumed to have violated the ordinance.
Review Your Chicago Sexual Harassment Training Program With Our Team
Conn Maciel Carey LLP’s national labor and employment practice group works directly with Chicago employers on sexual harassment training compliance. If you have questions about whether your program meets the city’s current requirements, or whether Chicago’s ordinance applies to your business at all, call (312) 868-0294 and we’ll confirm whether your program meets Chicago’s current requirements or identify exactly where it falls short.