A New Obligation for Illinois Employers: Sexual Harassment Prevention Training

On January 1, 2020, the state of Illinois issued new requirements for employers. The requirements mandate all employers to provide sexual harassment prevention training  by December 31, 2020. This training must then be provided annually each following year. What is The Illinois Workplace Transparency Act? The Illinois Workplace Transparency Act (the “Act”) contains requirements that… Continue reading

An attorney advising a business owner of their legal obligations.

On January 1, 2020, the state of Illinois issued new requirements for employers. The requirements mandate all employers to provide sexual harassment prevention training  by December 31, 2020. This training must then be provided annually each following year.

What is The Illinois Workplace Transparency Act?

The Illinois Workplace Transparency Act (the “Act”) contains requirements that Illinois employers should consider in order to prevent fines from the Illinois Department of Human Rights. Of these changes, the most important for employers to understand and implement right now is that of annual sexual harassment prevention training for employees.

The Act defines an employer as any entity “employing one or more employees within Illinois during 20 or more calendar weeks within the calendar year.” Because of this definition, this requirement will likely affect most businesses in the state.

How Can Employers Fulfill Their Sexual Harassment Prevention Training Requirement?

To comply with the Act’s training requirement, an employer has two options:

Option 1

Employers can choose to use the model sexual harassment prevention training program. This program is available online from the Illinois Department of Human Rights.

Option 2

An employer can create and present its own training program, provided it meets the following four requirements:

  1. The training must provide an explanation of sexual harassment consistent with the Act’s definition. The Act classifies sexual harassment as “any unwelcome advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) 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”;
  2. The training must provide the employees with examples of actions considered to be unlawful sexual harassment;
  3. The training must provide a summary of relevant federal and state regulations concerning sexual harassment, including resources available to victims of sexual harassment; and
  4. The training must summarize the responsibilities of employers to prevent, investigate, and correct sexual harassment in the workplace.

Regardless of which option they choose, employers should keep detailed records to demonstrate their compliance with the training requirement. According to the Department of Human Rights, acceptable records include:

  • Employees’ certificates of completion/participation
  • Sign-in sheets showing employee attendance
  • Other training materials used by the employer

What Else Should Bars and Restaurants Know?

In addition, bars and restaurants must also maintain a written policy on sexual harassment. All employees should receive a copy of this policy within the first calendar week of his/her employment. After that, restaurants and bars must also supply employees with a supplemental training program aimed at preventing sexual harassment in their industry. The model program developed by the Department of Human Rights for bars and restaurants is currently available online.

What Happens If Employers Fail To Meet The Requirement?

If an employer fails to provide adequate training to its staff by December 31, 2020, the Department of Human Rights will issue a notice to show cause. This notice gives the employer 30 days to complete the requirements. If the employer does not comply within 30 days, the Department will petition the Human Rights Commission for entry of an order imposing a civil penalty against the employer. To avoid unnecessary fines and penalties, employers need to fulfill the training requirements.

Are You A Business Owner With Additional Questions?

The attorneys at Goldenberg Heller & Antognoli, P.C. have extensive experience representing businesses and advising them of their legal obligations. Feel free to contact us today at (800) 782-8492 with any questions.

John McCracken shares insights with other lawyers

John McCracken recently presented at a continuing legal education seminar hosted by United States Arbitration & Mediation.  John spoke about the unique circumstances and challenges attorneys face in mediating estate and trust disputes and identified practices that attorneys can employ to overcome them. The key topics of John’s presentation included 1) recognizing the range of… Continue reading

John McCracken recently presented at a continuing legal education seminar hosted by United States Arbitration & Mediation.  John spoke about the unique circumstances and challenges attorneys face in mediating estate and trust disputes and identified practices that attorneys can employ to overcome them.

The key topics of John’s presentation included 1) recognizing the range of emotions clients face when litigating estate disputes, 2) the advantages of mediating estate disputes, 3) preparing for mediation, and 4) evaluating the financial and tax consequences of settlement structures.

John is a partner with the law firm Goldenberg Heller & Antognoli, P.C. in Edwardsville, Illinois. In addition to his estate and trust litigation practice, he represents clients throughout Southwestern Illinois and Missouri in a wide variety of business and personal litigation and transactional matters.  You may contact John at 618-656-5150.

How We Can Solve Your Shareholder Disputes

Shareholder disputes are an inevitable part of any business’ growth, no matter how uncomfortable they might seem. The truth is, the more people you have invested in the future of your company, the more likely it becomes that two or more of those parties will have differing opinions or interests when it comes to how… Continue reading

Shareholder disputes are an inevitable part of any business’ growth, no matter how uncomfortable they might seem. The truth is, the more people you have invested in the future of your company, the more likely it becomes that two or more of those parties will have differing opinions or interests when it comes to how the company should be managed. The best thing to do in case of any potential shareholder disputes is to enlist the aid of dedicated Edwardsville business litigation lawyers to help you manage the dispute quickly, efficiently, fairly, and most importantly, in a manner that is beneficial or at least not harmful to the company.

Business litigation lawyers are experts in the field of business law and as such know exactly how to keep negotiations fair, civil, and legal. In cases where shareholders are also longtime business partners or other close associates, the process of litigating a dispute can become emotionally fraught. This is when it is most crucial to have an objective legal professional handling negotiations. That way, all parties can move forward and work toward the continuing financial success of the company.

If you are a minority shareholder in a business, you may feel that your options are limited. However, with the right Edwardsville business litigation lawyers by your side, you can successfully and confidently negotiate your own buyout, dissolution, or increased representation within the business.

Edwardsville business litigation lawyers are in high demand; get in touch with the litigators at Goldenberg Heller & Antognoli, P.C. for advice. They will get to work right away solving your shareholder disputes and ensuring everyone is treated fairly in accordance with the law. You can get in touch by calling (800) 782-8492 to set up a free, no pressure legal consultation with one of our attorneys.

Edwardsville Business Litigation Lawyers Can Also Handle Collections

Business litigation can be a tricky area. It is difficult to determine whether or not proceeding to a lawsuit could be beneficial or ultimately harmful to your business interests. That’s why it’s important to find a skilled Edwardsville business litigation lawyer to help you navigate the complexities of this particular type of law and choose… Continue reading

Business litigation can be a tricky area. It is difficult to determine whether or not proceeding to a lawsuit could be beneficial or ultimately harmful to your business interests. That’s why it’s important to find a skilled Edwardsville business litigation lawyer to help you navigate the complexities of this particular type of law and choose the best solution for your unique situation. However, did you know that business law litigators can help your business beyond the court room by handling collections for you?

Let’s say you’ve been awarded a sum by a judgment, but the arduous task of tracking down the responsible parties and collecting the debt proves to be more than your company can handle. Between the time commitment, the hassle, and the money lost while refocusing your company’s efforts, the debt hardly seems worthwhile to collect. Luckily, you can enlist the aid of a business litigator to take on some of the burden for you.

Many Edwardsville business litigation lawyers are well versed in all areas of the law related to collection. This includes the federal Fair Debt Collections Practices Act (FDCPA), the Telecommunications Act, the Fair Credit Reporting Act (FCRA) and the Real Estate Settlement Procedures Act (RESPA). Additionally, state and county regulations outline specific requirements for debt collection, which a business litigator would be able to successfully navigate. Don’t take the risk by attempting to collect the debt yourself, or you could end up in hot water yourself.

Do you need help with debt collection so you can continue working towards the success of your business? The law offices of Goldenberg Heller & Antognoli, P.C. can help. Call us toll free today at 800.782.8492 and describe your situation to one of our friendly and knowledgeable legal experts. Our Edwardsville business litigation lawyers are ready and waiting to help you.