On the heels of the #MeToo movement, a Bill requiring anti-sexual harassment training for restaurant employees has been proposed in the Illinois House of Representatives. If passed, restaurants would be required to provide sexual harassment prevention training to all employees.
On February 15, 2019, Illinois Representative Ann M. Williams introduced House Bill 3351 which seeks to create the Restaurant Anti-Harassment Act. Under the proposed Act, restaurants are required to have a clear sexual harassment policy and to provide anti-harassment training to employees. All employees, regardless of classification, would have to be trained on the following:
Clear definition of sexual harassment and the two forms it can take – hostile work environment and quid pro quo;
Discussion of the harmful impact sexual harassment can have on victims, businesses, and the harassers;
How to recognize conduct that is appropriate and conduct that is not appropriate for work; and
When and how to report sexual harassment.
Additionally, all supervisors and managers would be required to be trained on the following topics:
Employer and manager liability for not reporting and addressing sexual harassment;
How to create a harassment-free culture in the workplace; and
How to investigate sexual harassment claims in the workplace.
The harassment training is required to be specific to the restaurant and hospitality industry and, therefore, the hypothetical scenarios and images used in the training should be related to restaurant and hospitality activities. Further, the training may be conducted in-person, online, or by remote training and must be available in English and Spanish.
If this Bill passes, all employees must receive harassment training within 90 days of the effective date of the passage or within 30 days of employment and every two years thereafter. The penalties for failure to comply with the law are up to $500 for the first violation and $1,000 for each subsequent violation. Taft attorneys will continue to monitor the bill for developments.
Irrespective of the passage of the proposed Bill, it is prudent for to get ahead of the curve and develop a sexual harassment policy and harassment training program. Taft has developed a robust in-house training program and is available for remote training. Contact me with any questions or further details.