Ill. Admin. Code tit. 2, § 560.235 - Prohibition on Sexual Harassment
a)
All persons have the right to work in an environment free from sexual
harassment. All persons subject to the Act shall refrain from sexual harassment
of any person.
b) Sexual
Harrassment Defined
1)
For purposes
of the Act, "sexual harassment" means any unwelcome sexual advances or requests
for sexual favors or any conduct of a sexual nature when:
A)
submission to such conduct is made
either explicitly or implicitly a term or condition of an individual's
employment;
B)
submission to or rejection of such conduct by an individual is used as
the basis for employment decisions affecting that individual;
or
C)
that 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)
For the purposes of this definition, the phrase "working environment"
is not limited to a physical location where an employee is assigned to perform
his or her duties and does not require an employment relationship.
[5 ILCS
430/5-65 ]
c)
No later than January 1, 2018,
each natural person and any entity required to register under the Act shall
have a written sexual harassment policy that shall include, at a
minimum:
1)
a prohibition on
sexual harassment;
2)
details on how an individual can report an allegation of sexual
harassment, including options for making a confidential report to a supervisor,
ethics officer, Inspector General, or the Department of Human Rights
and that reports made to any of the above persons will be confidential to the
extent practicable;
3)
a prohibition on retaliation for
reporting sexual harassment allegations, including availability of
whistleblower protections under the State Officials and Employee Ethics Act,
the Whistleblower Act [ 740 ILCS 174 ], and the Illinois Human
Rights Act [ 775 ILCS 5 ]; and
4)
the consequences of a violation of
the prohibition on sexual harassment and the consequences for knowingly making
a false report. [25 ILCS
170/4.7(c) ]
Notes
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