The Illinois Department of Human Rights (IDHR) has released guidance for Illinois employers who are required to report the total number of adverse judgments or rulings of sexual harassment or unlawful discrimination against the employer. If an employer has had no adverse judgments or administrative rulings, it is not required to report this information to the IDHR.
The Frequently Asked Questions document supplements the requirements and is noted below:
- Although the act was not signed into law until August of 2019, the IDHR has defined the reporting period (the time period for recording the number of adverse judgments or administrative rulings) for 2019 as January 1, 2019, to December 31, 2019. The deadline for reporting disclosures is October 31, 2020.
- The employer deadline for reporting disclosures about the 2019 reporting period differs from the deadline for future years. For subsequent years, the disclosure deadline will be July 1 of the following year. For example, the required disclosures from the 2020 calendar year must be filed by July 1, 2021.
Requirements and Prohibitions of Disclosure Reports
- Employers must disclose the number of adverse judgments or administrative rulings for each of the following categories:
- sexual harassment;
- discrimination/harassment on the basis of sex;
- discrimination/harassment on the basis of race, color, or national origin;
- discrimination/harassment on the basis of religion;
- discrimination/harassment on the basis of age;
- discrimination/harassment on the basis of a disability;
- discrimination/harassment on the basis of military status;
- discrimination/harassment on the basis of sexual orientation or gender identity; and
- discrimination/harassment on the basis of any other protected characteristic under the IHRA.
- Employers are not required to report settlements as part of their annual disclosures of adverse judgments or administrative rulings. However, the IDHR has the right to request that an employer submit the total number of settlements entered into following a charge of discrimination during the preceding five years.
- Employers are prohibited from disclosing the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any of the required disclosures.
Method of Submitting Disclosure Reports
- The IDHR will provide employers with a form for Section 2-108 disclosure reports, which will be available for download on July 20, 2020, from the IDHR website.
- The disclosure form can be emailed to IDHR.firstname.lastname@example.org on or before the disclosure deadline.
Penalties for Failure to Report Adverse Judgments or Administrative Rulings
- If an employer fails to make required disclosures, the IDHR will first issue a notice to show cause, which will give the employer 30 days to disclose the required information. If the employer fails to show cause, the IDHR shall petition the Illinois Human Rights Commission for entry of an order imposing a civil penalty.
- The civil penalties for the failure to report are calculated based on the number of employees that the employer has, as well as the number of offenses on behalf of the employer.
- Employers with fewer than four employees face a maximum penalty of $500 for a first offense, $1,000 for a second offense, and $3,000 for a third and subsequent offenses.
- Employers with four or more employees face a maximum penalty of $1,000 for a first offense, $3,000 for a second offense, and $5,000 for a third and subsequent offenses.