Employee or Independent Contractor?

The Who, What, and When on Illinois’s Mandatory Sexual Harassment Prevention Training 

From Lexology, Colleen G. DeRosa and Melissa A. Ortega discuss the guidance offered for Illinois’s sexual harassment prevention training. Notably, training independent contractors is not required but is “strongly advised” if they work on-site or interact with employees. Colleen and Melissa write:

Who Must Provide Annual Harassment Prevention Training

All employers with one or more employees working in Illinois must provide training. The law applies supplemental training requirements to restaurants and bars.

Who Must Receive Training

Unsurprisingly, the IDHR states that employers must train all employees, including part-time employees, temporary employees, and interns who work or will work in Illinois. But according to the IDHR’s frequently asked questions, the law also applies to employers and employees outside Illinois. Employers both in Illinois and out of state are required to:

  • Train employees who work or will work in Illinois.
  • Train employees who do not work in Illinois but regularly interact with other employees in Illinois—for example, a supervisor located out of state who supervises employees in Illinois.

The IDHR states that training independent contractors is not required. Yet, the agency said it is “strongly advised” that independent contractors receive training if they work on-site or interact with employees.

What the Training Must Include

Training must be accessible to employees with disabilities and non-English speakers. Employers do not have to use the IDHR model training (expected to be available in February 2020), but must provide training that meets the IDHR’s minimum training requirements for all employers and supplemental training for restaurants and bars.

All employers’ training must:

  • explain and provide examples of sexual harassment,
  • summarize federal and state law and remedies for victims of sexual harassment, and
  • summarize employers’ obligations to prevent and investigate sexual harassment and take prompt corrective action.

Restaurants and bars must also:

  • establish a sexual harassment prevention policy and provide a copy to their employees that meets or exceeds the IDHR’s minimum requirements; and
  • provide training in Spanish and in English that includes industry-specific conduct, activities, or videos, and an explanation of manager liability.

Finally, employers must keep paper or electronic records showing employees attended the trainings, and must provide those records to the IDHR upon request.

Read the full story at The Who, What, and When on Illinois’s Mandatory Sexual Harassment Prevention Training – Lexology

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