HB0905 101ST GENERAL ASSEMBLY

LRB101 05889 LNS 50910 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0905

Introduced , by Rep. Jennifer Gong-Gershowitz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Private Sector Workplace Anti-Harassment Task Force Act. Creates the Private Sector Workplace Anti-Harassment Task Force. Provides that the Task Force shall create model policies and best practices to keep workplaces safe from sexual harassment. Provides that the Department of Human Rights shall provide administrative support to the Task Force. Provides that the model policies and best practices shall be finalized by March 1, 2020 and posted on the Department of Human Rights' website within 30 days after finalization. Repeals the Act on March 1, 2021. Effective immediately.

A BILL FOR

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Private Sector Workplace Anti-Harassment Task Force Act.

Section 5. Legislative intent. It is the General Assembly's intent to facilitate the development of model policies and best practices to keep workplaces safe from sexual harassment and encourage employers not only to adopt such policies and practices, but also to be included in their development. These include, but are not limited to, policies and practices that go beyond strict legal prohibitions focusing on creating a work environment that is free from harassment in any form.

The Private Sector Workplace Anti-Harassment Task Force shall focus on vulnerable and underserved persons in the private sector who may be at higher risk of sexual harassment on the job for reasons including, but not limited to, race, immigration status, gender nonconformity, sexual orientation, nontraditional employment relationships, minimum-wage or tipped work, service industry work, or work in traditionally male-dominated fields.

Section 10. The Private Sector Workplace Anti-Harassment Task Force.

(a) The Private Sector Workplace Anti-Harassment Task Force is created and shall include the following members:

(1) the chief legal counsel for the Department of Human Rights, or his or her designee;

(2) 2 State representatives from the majority party, appointed by the Speaker of the House;

(3) 2 State representatives from the minority party, appointed by the Minority Leader of the House;

(4) 2 State senators from the majority party, appointed by the President of the Senate;

(5) 2 State senators from the minority party, appointed by the Minority Leader of the Senate;

(6) a representative from the business community;

(7) a representative from a statewide organization representing manufacturers;

(8) a representative from a statewide organization representing retail merchants;

(9) a representative from an organization advocating for persons who have experienced sexual harassment;

(10) a representative from a statewide organization advocating for survivors of sexual assault or domestic violence;

(11) a representative from the food service industry;

(12) a representative from an organization representing trade unions;

(13) a representative from an organization representing lesbian, gay, bisexual, transgender, queer or questioning, intersex, and asexual or allied persons;

(14) a representative from an organization representing immigrants;

(15) a representative from an organization focused on the advancement of minorities in the workplace; and

(16) a representative from an organization representing minimum-wage or tipped workers.

(b) The Task Force shall create model policies and best practices to keep workplaces safe from sexual harassment that may include, but are not limited to:

(1) methods of creating and protecting internal anonymous reporting channels for employees to raise concerns about misconduct;

(2) how to protect against retaliation for persons alleging harassment and those who participate in investigations;

(3) ways to empower human resources departments to go beyond compliance and help create a culture of workplace civility; and

(4) working with the Department of Human Rights' Institute for Training and Development to establish survey questions and trainings targeted to the vulnerable and underserved persons on whom the Task Force is focused.

(c) In developing model policies and best practices, the Task Force may consider:

(1) how workplace leaders can signal commitment to stopping sexual harassment, even when it may not rise to the level of liability;

(2) how to ensure accountability in human resource departments for enforcing policies, encouraging reporting and aiding people who speak out;

(3) how to ensure employees have clear and confidential communication with human resource departments or other persons not directly in the employee's chain of command, especially where the human resource professionals are not physically near where employees work or could be exposed to harassment;

(4) establishing formal or informal mentoring opportunities for employees;

(5) the use of exits surveys to identify the reasons employees leave the workplace and to enhance working conditions and promote retention and an inclusive environment;

(6) using engagement or climate surveys to assess the employees' perception of tolerance of workplace harassment, and how to ensure confidentiality of employee answers;

(7) utilizing new employee orientation to emphasize inclusion, harassment prevention, and general civility; and

(8) how to evaluate executives, managers, and supervisors on their efforts supporting an inclusive workplace and prevent sexual harassment and harassment in general.

(d) The Department of Human Rights shall provide administrative support to the Task Force.

(e) The model policies and best practices shall be finalized by March 1, 2020. Within 30 days after finalization, the model policies and best practices shall be posted to the Department of Human Rights' website available for the public to access.

Section 95. Repeal. This Act is repealed on March 1, 2021.

Section 99. Effective date. This Act takes effect upon becoming law.