IDHR issues form to report adverse judgments and administrative rulings of sexual harassment or unlawful employment discrimination

David J. TecsonPrincipal, Chuhak & Tecson, P.C.

In August 2019, Illinois enacted the Workplace Transparency Act, which made major revisions to the state’s employment laws. Among the changes, Illinois imposed a requirement in which all employers must disclose to the Illinois Department of Human Rights (IDHR) the adverse judgments or administrative rulings entered against them in the preceding year. For the 2019 reporting period, employers were given until Oct. 31, 2020, to submit their reports. For all subsequent calendar years, the deadline to submit the reports will be July 1.

The mandatory report must include: (1) the total number of adverse judgments or administrative rulings entered against the employer in the preceding year; (2) whether any equitable relief was ordered; and (3) the number of adverse judgments or administrative rulings entered against the employer for sexual harassment or for discrimination or harassment on the basis of sex, race, color, national origin, religion, age, disability, military status, unfavorable military discharge status, sexual orientation or gender identity and any other characteristic protected under the Illinois Human Rights Act. Employers are prohibited from disclosing the names of the victims.

An adverse judgment or administrative ruling is a final and non-appealable judgment that finds sexual harassment or unlawful discrimination, where the ruling is in the employee’s favor and against an employer. It does not include settlements or decisions entered in unemployment insurance proceedings. However, the reporting obligation is not limited to judgments or administrative rulings against an employer in Illinois. If an employer experienced an adverse judgment or administrative ruling in another state, Illinois requires that it also be disclosed to the IDHR. Importantly, employers with no adverse judgments or administrative rulings are not required to report.

Recently, to facilitate the reporting, the IDHR released a downloadable form for employers to use to make their disclosures. Employers may submit their reports by email to IDHR.WEBMAIL@ILLINOIS.GOV on or before Oct. 31, 2020. Failure to submit the report can result in fines up to $5,000.

The IDHR also recently released frequently asked questions to assist employers in making their mandatory disclosures.

For more information, as to whether and how you must make a disclosure, please contact one of Chuhak & Tecson’s Employment attorneys.

Client Alert authored by Jeralyn H. Baran (312 855 4613), Principal and leader of Chuhak & Tecson’s Employment Practice.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.