What is Illinois Senate Bill 75  / Public Act 101-0221?

Illinois Senate Bill 75 is a set of amendments to the Illinois Uniform Arbitration Act, the Illinois Human Rights Act (IHRA), and the Victims’ Economic Security and Safety Act.  It also creates the Illinois Workplace Transparency Act and the Hotel and Casino Employee Safety Act.  Most provisions of the law went in force on January 1, 2020, with elements of the Hotel and Casino Employee Safety Act coming in force July 1, 2020.

From a sexual harassment prevention perspective, the new law requires all Illinois employers to provide sexual harassment prevention training to all employees every year.  The training must meet or exceed statutory standards as applied to and by the Illinois Department of Human Rights (IDHR), including the requirement that the training be interactive (rather than simply passive, for example watching a video).  Per the IDHR’s FAQs page all employee types, including short-term, part-time, and interns, must be trained.

The new law provides additional requirements for bars and restaurants in Illinois.  Bars and restaurants must distribute a written sexual harassment policy to employees within a week of their hire date.  The policy must include specific information detailed in the law, and must be available in English and Spanish.  Restaurants and bars must use a specific sexual harassment prevention training tailored to the bar and restaurant industry, and this training also must meet or exceed the standards of the IDHR.

The IDHR advises employers to train new hires as soon as possible after they start work, noting that employers are liable for the sexual harassment conduct of new employees immediately upon their hire.  

SB 75 brings penalties for non compliance.  Employers with fewer than four employees can face penalties of up to $500 for a first offense, up to $1,000 for a second offense, and up to $3,000 for three or more offenses. For employers with at least four employees, the maximum penalties increase to $1,000, $3,000, and $5,000 for the same offense levels.  The first deadline for training was December 31, 2020.

Disclaimer – Not Legal Advice

While this Solution and our training courses have been developed by experts qualified to provide employee training under relevant state law, nothing on this site or in our courses is specifically intended to constitute legal advice or serve as a substitute for qualified counsel with expertise in employment law.

To address specific needs in a particular workplace, Required Training Solutions strongly advises site users and visitors to consult in-house counsel or retain independent counsel to advise on industry-specific practices and other specifics and applications.