On April 27, 2022, the Chicago City Council passed Ordinance 2022-665 (the “Ordinance”) amending the Municipal Code to enhance the City’s prohibitions on sexual harassment in the workplace. The amendments include, among other things, modified definitions of “sexual orientation” and “sexual harassment,” a new written policy requirement for employers, increased sexual harassment prevention training requirements, and stricter penalties for violations.  The amendments take effect on July 1, 2022.

Amended Definition of Sexual Harassment and Sexual Orientation

The Ordinance amends the definition of sexual orientation in the Chicago Human Rights Ordinance, such that sexual orientation is now defined as “a person’s actual or perceived sexual and emotional attraction, or lack thereof, to another person.” The Ordinance also amends the definition of sexual harassment to include sexual misconduct.

Written Policy Requirements

Under the Ordinance, employers must now have a written policy that is provided to employees in their primary language within the first calendar week of employment.  The policy must include the following:

  • The definition of sexual harassment, which is defined in the Ordinance as “any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; or (ii) requests for sexual favors or conduct of a sexual nature when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or (b) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual, or (c) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.”
  • A statement that sexual harassment is illegal in Chicago.
  • A requirement that all employees participate in sexual harassment prevention training annually.
  • Examples of prohibited conduct that constitute sexual harassment.
  • Details on (i) how an employee can report an allegation of sexual harassment (including, as appropriate, instructions on how to make a confidential report, with an internal complaint form, to a manager, corporate headquarters or human resources, or other internal reporting mechanism); and (ii) information about legal services, including governmental agencies, that are available to employees who may be victims or sexual harassment.
  • A statement that retaliation for reporting sexual harassment is illegal in Chicago.

Training Requirements

The Ordinance includes increased sexual harassment prevention training requirements.  Employees must participate in a minimum of one hour of sexual harassment prevention training annually, while managers and supervisors must participate in a minimum of two hours of sexual harassment prevention training annually.  Also, all employees must also participate in one hour of bystander training annually.

Posting and Recordkeeping Requirements

Employers must display, in at least one location where employees commonly gather, posters designed by the Commission on sexual harassment prohibitions.  Employers must display at least one poster in English and one in Spanish.

Employers also must retain written records of the policies and trainings given to each employee, as well as other records necessary to show compliance with the Ordinance, for a period of at least five years or the duration of any claim, civil action, or investigation pending pursuant to the ordinance, whichever is longer.  Failure to maintain the required records creates a presumption, rebuttable by clear and convincing evidence, that an employer violated the Ordinance.

Statute of Limitations

Employees will now have 365 days, instead of 300 days, to report all forms of discrimination, including sexual harassment, to the Chicago Commission on Human Relations.  In addition, in cases of sexual harassment, the Commission may delay issuing a complaint to the respondent for up to 30 days after it is filed.  (This is intended help to mitigate any retaliation such as a denial of a reasonable accommodation request under the Illinois Victim’s Economic and Security Act (VESSA)).

Potential Penalties

The Ordinance increases penalties for all forms of discrimination from the previous $500 – $1,000 per violation, to $5,000 – $10,000.

Conclusion

Employers with operations in Chicago should promptly revisit their anti-harassment and discrimination policies and practices to ensure compliance with the new amendments.

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Photo of Steven J. Pearlman Steven J. Pearlman

Steven J. Pearlman is a partner in the Labor & Employment Law Department and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Steven’s practice covers the full spectrum of employment law, with a particular…

Steven J. Pearlman is a partner in the Labor & Employment Law Department and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Steven’s practice covers the full spectrum of employment law, with a particular focus on defending companies against claims of employment discrimination, retaliation and harassment; whistleblower retaliation; restrictive covenant violations; theft of trade secrets; and wage-and-hour violations. He has successfully tried cases in multiple jurisdictions, and defended one of the largest Illinois-only class actions in the history of the U.S. District Court for the Northern District of Illinois. He also secured one of only a few ex parte seizures orders that have been issued under the Defend Trade Secrets Act, and obtained a world-wide injunction in federal litigation against a high-level executive who jumped ship to a competitor.

Reporting to boards of directors, their audit committees, CEOs and in-house counsel, Steven conducts sensitive investigations and has testified in federal court. His investigations have involved complaints of sexual harassment involving C-suite officers; systemic violations of employment laws and company policies; and fraud, compliance failures and unethical conduct.

Steven was recognized as Lawyer of the Year for Chicago Labor & Employment Litigation in the 2023 edition of The Best Lawyers in America. He is a Fellow of the College of Labor and Employment Lawyers.  Chambers describes Steven as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field.” Steven was 1 of 12 individuals selected by Compliance Week as a “Top Mind.” Earlier in his career, he was 1 of 5 U.S. lawyers selected by Law360 as a “Rising Star Under 40” in the area of employment law and 1 of “40 Illinois Attorneys Under Forty to Watch” selected by Law Bulletin Publishing Company. Steven is a Burton Award Winner (U.S. Library of Congress) for “Distinguished Legal Writing.”

Steven has served on Law360’s Employment Editorial Advisory Board and is a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is regularly quoted in leading publications such as The Wall Street Journal.

The U.S. Chamber of Commerce has engaged Steven to serve as lead counsel on amicus briefs to the U.S. Supreme Court and federal circuit courts of appeal. He was appointed to serve as a Special Assistant Attorney General for the State of Illinois in employment litigation matters. He has presented with the Solicitor of the DOL, the Acting Chair of the EEOC, an EEOC Commissioner, Legal Counsel to the EEOC and heads of the SEC, CFTC and OSHA whistleblower programs. He is also a member of the Sedona Conference, focusing on trade secret matters.

Photo of Edward Young Edward Young

Edward “Eddie” C. Young is a senior counsel in the Labor & Employment Law Department and a member of the following Firm practice groups: Restrictive Covenants & Trade Secrets; Discrimination, Harassment & Title VII; and Whistleblowing & Retaliation.

Eddie represents employers in all…

Edward “Eddie” C. Young is a senior counsel in the Labor & Employment Law Department and a member of the following Firm practice groups: Restrictive Covenants & Trade Secrets; Discrimination, Harassment & Title VII; and Whistleblowing & Retaliation.

Eddie represents employers in all aspects of employment law, with a concentration on litigating complex employment disputes of all types before federal and state courts throughout the country, the U.S. Equal Employment Opportunity Commission, state and local human rights commissions and arbitral tribunals (e.g., FINRA and AAA).  In particular, Eddie has successfully litigated employment-related disputes alleging breach of non-compete agreements, theft of trade secrets, discrimination, sexual harassment, whistleblower retaliation, wage and hour violations, including employee misclassification claims, breach of contract, defamation, fraud and other business-related torts.  Eddie has obtained a world-wide injunction to enforce a client’s non-competition restriction on a former executive, successfully defended a client through summary judgment and appeal against retaliation claims brought by a former General Counsel, represented Fortune 500 companies in defense of high-profile harassment claims associated with the #metoo movement, and provided representation to several professional sports leagues.  He also has significant appellate experience, including successfully representing clients before the U.S. Circuit Court of Appeals for the First, Second and Seventh Circuits, as well as before the United States Supreme Court.  Eddie often draws on his litigation experience to help clients avoid the courtroom by effectuating positive change in the workplace through impactful training, counseling and developing robust employment policies.

Working in a wide range of industries, Eddie represented clients in food services, financial services, medical devices, telecommunications, higher education, sports, retail, real estate and others.

Eddie has been recognized as “One to Watch” by Best Lawyers in America since 2021 and as a “Rising Star” by Super Lawyers since 2017. He also regularly advises clients, writes and speaks on cutting-edge legal issues, including the use of Artificial Intelligence in the workplace, and legal issues arising from the collection and use of employee biometric information.

Eddie maintains an active pro bono practice, including on-going representation of a certified class of approximately 65,000 visually disabled Chicagoans in litigation challenging the City’s lack of accessible pedestrian crosswalks.  Eddie is also a member of the Firm’s Pro-Bono Committee and is a three-time recipient of the Firm’s “Golden Gavel” award for his significant pro bono contributions.

Prior to joining Proskauer, Eddie was a cum laude graduate from Loyola University Chicago School of Law. He also obtained a Master’s Degree in Human Resources and Industrial Relations from Loyola University Chicago Graduate School of Business. He began his practice at a national management-side employment law firm, and has also worked in the corporate human resources department of a national tax consulting firm and as a Fellow with the Illinois Human Rights Commission.