On May 10, 2019, new sexual harassment prevention training requirements for licensed professionals in Illinois went into effect pursuant to legislation and related rules governing all licenses administered by the Illinois Department of Financial and Professional Regulation (IDFPR).

Under the rules, all who hold professional licenses issued by IDFPR and are subject to a continuing education requirement are required to complete a one-hour course in sexual harassment prevention.

Completion of the course is now a condition of renewing a professional license. Illinois REALTORS® has developed a training program to assist licensees in meeting the requirements required by IDFPR. 

In addition to the new continuing education requirements for IDFPR licensees, brokerages employing both licensed and unlicensed individuals will also be subject to comprehensive legislation designed to prevent sexual harassment and discrimination in the workplace.

The new legislation goes into effect on Jan. 1, 2020, and imposes new responsibilities on sponsoring brokerages as employers. One of the new laws created in this legislation is the Workplace Transparency Act, which amends the Illinois Human Rights Act and imposes significant new responsibilities on employers. 

The new law addresses many aspects of workplace discrimination and harassment and expands protections to non-employees, such as the typical licensee working under an independent contractor agreement.

Under the Workplace Transparency Act, an employer can be held liable for harassment that substantially interferes with a non-employee’s or independent contractor’s work performance or creates an intimidating, hostile or offensive working environment for members of a protected class.

The Workplace Transparency Act obligates all employers to provide annual sexual harassment prevention training to all employees (including independent contractors). The training must be equal to or exceed standards of the model training program which is being developed by the Illinois Department of Human Rights (IDHR).

IDHR is in the process of drafting the training program. The program will be automatically approved for use, although others will be allowed as long as they meet the criteria outlined and required by the Workplace Transparency Act. As a result, most employers will likely opt for this program.

Furthermore, starting July 1, 2020, and every July 1 thereafter, all sponsoring brokerages who act as employers will be required to report annually to IDHR any settlement, adverse judgment or administrative rulings against them involving harassment or discrimination that occurred during the previous year. IDHR will use the compiled information to publish an annual report. Failure to comply with the reporting requirements could result in monetary penalties.

Prior to Jan. 1, 2020, any brokerage that employs licensed or unlicensed assistants should review and revise their employment agreements to include a provision that employers and independent contractors complete all mandatory training on an annual basis. In addition, they should evaluate and revise their sexual harassment and discrimination policies and procedures.   

Illinois REALTORS^® Licensing & Training Center has elective courses available online that will satisfy the Sexual Harassment Prevention Training renewal requirement. For more information, visit the store on the Illinois REALTORS^® website at https://www.illinoisrealtors.org/product-category/continuing_education/