HB2573 Enrolled

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    AN ACT concerning human rights.

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


 
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    Section 5. The Illinois Human Rights Act is amended  by 
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changing Section 5A-102 and  by adding Section 5A-101.1 as 
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follows:
 
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    (775 ILCS 5/5A-101.1  new)
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    Sec. 5A-101.1. Notice.
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    (A)  Every institution of higher education covered by this 
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Act shall post in a prominent and accessible location a poster 
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stating sexual harassment laws and policies. The poster shall 
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be (i) posted and kept posted at each campus in common area 
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positions easily accessible to all students including, but not 
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limited to  residence halls, administration buildings, student 
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unions, cafeterias, and libraries or (ii) posted annually at 
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each campus in common area positions easily accessible to all 
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students including, but not limited to, residence halls, 
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administration buildings, student unions, cafeterias, and 
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libraries, with an electronic copy of the sexual harassment 
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laws and policies also sent to each student at the time that 
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registration materials are emailed or (iii) on campuses that 
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provide for online registration of student classes, such 
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information pertaining to sexual harassment laws and policies 
 


 






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may be incorporated into the registration process so that 
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students must review the policies and laws and acknowledge such 
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review, prior to being allowed to register. Documents to be 
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posted shall be retrieved from the Illinois Department of Human 
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Rights website to satisfy posting requirements. Posting of the 
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posters shall be effectuated within 90 days of the effective 
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date of this amendatory Act of the 96th General Assembly and 
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shall occur annually thereafter.
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    (B)  The posted sexual harassment poster shall include, at a 
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minimum, the following information: (i) the illegality of 
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sexual harassment in higher education; (ii) the definition of 
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sexual harassment under State law; (iii) a description of 
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sexual harassment, utilizing examples; (iv) the institution's 
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internal complaint process including penalties; (v) the legal 
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recourse, investigative and complaint process available 
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through the Department of Human Rights; (vi) directions on how 
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to contact the Department; and (vii) protection against 
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retaliation as provided by Section 6-101 of this Act. 
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    (C) Upon notification of a failure to post, the Department 
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of Human Rights may launch a preliminary investigation. If the 
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Department finds a failure to post, the Department may issue a 
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notice to show cause  giving the institution 30 days to correct 
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the failure to post. If the failure to post is not corrected, 
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the Department may initiate a charge of a civil rights 
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violation. 
 



 


 






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    (775 ILCS 5/5A-102)  (from Ch. 68, par. 5A-102)



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    Sec. 5A-102. Civil Rights Violations-Higher Education. It 
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is a civil
rights violation:

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    (A) Higher Education Representative.  For any higher 
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education representative
to commit or engage in sexual 
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harassment in higher education.

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    (B) Institution of Higher Education.  For any institution of 
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higher education
to fail to take remedial action, or to fail to 
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take appropriate disciplinary
action against a higher 
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education representative employed by such institution,
when 
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such institution knows that such higher education 
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representative was
committing or engaging in or committed or 
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engaged
in sexual harassment in higher education.

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(Source: P.A. 83-91.)

 

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    Section 99. Effective date. This Act takes effect August 1, 
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2009.