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Last year, the Chicago City Council amended the City’s sexual harassment ordinance for the express purpose of promoting zero tolerance of violence and harassment in the workplace. The amendments, effective July 1, 2022, reinforced the City’s commitment to promoting safer workplaces by imposing new training, policy and posting requirements, record retention obligations, and a broader definition of sexual harassment. The amendments also impose tougher monetary penalties.
However, in interpreting the amendments, the City applied an incorrect definition of “employer.” Specifically, under the City’s initial guidance, businesses with employees working in Chicago were considered “employers” required to comply with the amended ordinance only if they maintained a physical presence in Chicago and/or were subject to the licensing requirements of the City. City.
Under the Chicago Municipal Code (“Code”), the definition of “employer” applicable to protections against sexual harassment is “any individual, partnership, association, corporation, limited liability company, business trust, or any person or group or persons providing employment to one or more employees in the current or preceding calendar year and any agent of such entity or person”.1
In contrast, the definition of “employer” containing the physical presence and license requirement limitations applies exclusively to the criminal record and criminal history sections of the Code, not to the sexual harassment ordinance.2
In recently released guidance, the city amends its position to clarify that the “requirements of the new sexual harassment protections apply to all employers…whose employees work in Chicago. The training requirement applies to all employees.” who work in Chicago, even remotely. , and their managers or supervisors, even if the managers or supervisors work outside of Chicago.”3
Employers with any Employees working in Chicago should review their sexual harassment training and related policies to ensure compliance by the June 30, 2023 training deadline.
Footnotes
1. Chicago Municipal Code Section 6-10-020 Definitions.
2. ID. in Section 6-10-054 Criminal record or criminal record.
3. Previous City guidance incorrectly stated that the applicable definition of “employer” was limited to businesses with a physical presence in Chicago or that are subject to City licensing requirements.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought according to your specific circumstances.
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