What happened?

On August 9, 2024, Governor JB Pritzker signed House Bill 5371 (HB 4867) into law, refining employer liability for harassment and sexual harassment, and expanding civil rights protections in real estate transactions.

Quick Summary:

• Refines employer liability for harassment and sexual harassment, making employers responsible if they fail to take corrective measures upon becoming aware of such conduct.

• Expands civil rights protections in real estate transactions and allows for civil penalties for violations.

What are the details?

• Amends the Illinois Human Rights Act to refine employer liability for harassment and sexual harassment.
  • The bill clarifies the conditions under which employers can be held liable for harassment by non-managerial and non-supervisory employees, non-employees, and third parties.

• Employers are liable if they become aware of the harassing conduct and fail to take reasonable corrective measures.
  • The term “third parties” includes customers, clients, vendors, or other visitors.

• This law enhances civil rights protections in Illinois, clarifying that repeated harassment and discrimination are separate violations and ensuring relief is proportionate to the harm endured by victims.

Key points:

1. Employer Responsibility: Employers are responsible for harassment and sexual harassment by non-managerial and non-supervisory employees, non-employees, and third parties only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.

2. Real Estate Transactions: The bill changes the definition of “real estate transaction” to include any act that makes such a transaction available or alters a person’s right to real property. It makes it a civil rights violation to discriminate in making real property available based on familial status, immigration status, source of income, or an arrest record.

3. Civil Penalties: The Human Rights Commission can impose civil penalties for each specific act constituting a civil rights violation and for each aggrieved party injured by the violation.

Business Considerations

• Employers should update their harassment and discrimination policies and clearly define unacceptable behaviors, outline procedures for reporting and addressing complaints, and establish a clear and accessible reporting mechanism for employees, non-employees, and third parties.
• Employers should take immediate and reasonable corrective measures upon becoming aware of any harassing conduct to mitigate liability and ensure a safe workplace.
• Employers should be aware of the potential for civil penalties for non-compliance and ensure that all actions and policies comply with the Illinois Human Rights Act.
• Employers should document all steps taken to address harassment and discrimination complaints to provide evidence of compliance with the law and reasonable corrective measures.

Source References

• IL HB 5371
• Legislation Initiated By Attorney General Raoul And Illinois Department Of Human Rights To Enhance Civil Rights Protections Signed Into Law

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.