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What Does Non-Compliance Mean?

What Does Non-Compliance Mean to Me and My Clients?

Employers are always just a single complaint by an employee, vendor, or client away from IDHR interaction. In fact, the IDHR features a reporting option in their Sexual Harassment FAQ section. Employees can make complaints anonymously, as can clients or anyone else interacting with an employee or contractor working on premises.

Any business that does not provide Workplace Sexual Harassment Training annually for its employee or employees can face fines and other penalties for non-compliance under Illinois statutes, City of Chicago Ordinances, the EEOC and other federal agencies.

Illinois Penalties for not training — small companies:

Companies with three or fewer employees face cash fines 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

Illinois Penalties for not training — larger companies:

For employers of four or more workers, the maximum penalties are higher:

  • up to $1,000 for a first offense;
  • up to $3,000 for a second offense; and
  • up to $5,000 for three or more offenses

Penalties for Violation of City of Chicago Sexual Harassment Ordinances:

First: Employers with employees working in Chicago must familiarize themselves with the City's sexual harassment ordinances and must abide by its requirements. Violating the written policy, training, and notice requirements will subject employers to fines between $500 and $1,000 for each offense and each day the violation continues shall constitute a separate and distinct offense.

Second: Violations regarding the substantive ordinance against sexual harassment will result in a fine between $5,000 and $10,000. This fine is separate from the first. Substantive violations include an employer, agent of an employer, employment agency, or labor organization engaging in sexual harassment, or an employer failing to take reasonable corrective measures after becoming aware of sexual harassment by nonemployees or nonmanagerial and nonsupervisory employees.



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