Required Sexual Harassment Elements
NOTE: These Required Sexual Harassment Elements have been adapted from a Policy Statement and Model Policy issued by the Illinois Governor's Office by Executive Order Number 16 on November 5, 1999.
Illinois law requires all parties to a public contract and all eligible bidders to have a written sexual harassment policy covering their employees and applicants for employment. This requirement applies regardless of the number of persons employed or the dollar value of any public contract. According to Section 2-105(A) (4) of the Illinois Human Rights Act, each sexual harassment policy must contain the following elements:
- A statement that sexual harassment is illegal.
- The definition of sexual harassment under the Illinois Human Rights Act.
- A description of the acts that constitutes sexual harassment, with examples.
- The employer's internal complaint procedure, including penalties.
- The legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights (IDHR) and the Illinois Human Rights Commission (IHRC).
- Information as to how a person can contact IDHR and IHRC.
- Information regarding the protection against retaliation under Section 6-101 of the Illinois Human Rights Act.
A copy of the employer's policy must be submitted to the Department or to a contracting agency upon request.
Model Employer Sexual Harassment Policy is available for employers.
IMPORTANT DISCLAIMER: The Sexual Harassment Policy Statement is only an example of a policy which covers each requirement of Section 2-105(A)(4) of the Illinois Human Rights Act (775 ILCs 5/2-105(A)(4)). It is not meant to be taken and used without consultation with a licensed attorney. Employment policies should always be tailored to each employer's circumstances and needs. Additionally, laws may vary by jurisdiction, so modification of this Sexual Harassment Policy Statement may be needed depending on where the employer is located. Any sample policy such as this Sexual Harassment Policy Statement should be reviewed by a licensed attorney to ensure that the policy fits the employer's situation and complies with the laws of the employer's jurisdiction. Since this policy is provided for general information purposes only, the Illinois Department of Human Rights cannot be responsible for any legal consequences which may arise if the Sexual Harassment Policy Statement is adopted in any particular circumstances.