Effective January 1, 2020, ALL Illinois employers MUST provide harassment prevention training to ALL EMPLOYEES every year pursuant to the Workplace Transparency Act. This training must initially take place some time between January 1, 2020 and December 31, 2020 and then every year thereafter. There is no requirement that an employer hold the training during a specific month.
HR Source is pleased to provide compliant harassment prevention training to help Illinois businesses meet these requirements!
Here are some answers to frequently asked questions. Members can also visit the Illinois Department of Human Rights Frequently Asked Questions page.
1. When should employees be trained?
All employees, part-time, interns and temporary employees must receive training each calendar year beginning January 1, 2020.
2. What if I provided training in 2019?
Training conducted in 2019 does not fulfill the 2020 training requirement.
3. Which session should my employees attend?
If your employees have authority to hire, transfer, suspend, lay off, recall, promote, discharge, discipline, and handle grievances of other employees, by exercising independent judgment, they would likely be considered supervisors under Illinois law. You should also consider whether they are supervisors if they have authority to recommend these actions. If so, they should attend the supervisor session.
If they do not exercise any of these functions, they should attend the employee session.
4. Do I need to keep records that my employees were trained?
It is the employer’s responsibility to document that employees are trained each year. This requirement can be fulfilled by a certificate or a signed acknowledgement (or sign-in sheet) from the employee or training provider.
HR Source will retain this information for employees who receive training through an HR Source live program or webinar. Streaming, on-demand training, accomplished through our partner Traliant, is tracked for the employer on the Traliant portal but is not accessible to HR Source due to privacy requirements.
5. What about employees who work for the organization, but are located out-of-state?
For employees based outside of Illinois, whether the training requirement will apply may be fact-specific. If an employee is based outside of Illinois but will be supervising employees or regularly interacting with employees in Illinois, the employee should be trained. If the out-of-state employee already receives training as part of another state’s training law, that may fulfill the Illinois requirement.
6. What about employees who come to work for us who were already received their annual training from another employer?
If an employer hires an employee who has already received training at another employer, the employer can accept that training if i) the employee has documentation that they were trained and ii) the employee’s previous training met legal standards. It is ultimately the current employer’s responsibility to ensure that all employees are trained.