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| Public Act 096-0574 |
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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 | ||||
changing Section 5A-102 and by adding Section 5A-101.1 as | ||||
follows: | ||||
(775 ILCS 5/5A-101.1 new) | ||||
Sec. 5A-101.1. Notice. | ||||
(A) Every institution of higher education covered by this | ||||
Act shall post in a prominent and accessible location a poster | ||||
stating sexual harassment laws and policies. The poster shall | ||||
be (i) posted and kept posted at each campus in common area | ||||
positions easily accessible to all students including, but not | ||||
limited to residence halls, administration buildings, student | ||||
unions, cafeterias, and libraries or (ii) posted annually at | ||||
each campus in common area positions easily accessible to all | ||||
students including, but not limited to, residence halls, | ||||
administration buildings, student unions, cafeterias, and | ||||
libraries, with an electronic copy of the sexual harassment | ||||
laws and policies also sent to each student at the time that | ||||
registration materials are emailed or (iii) on campuses that | ||||
provide for online registration of student classes, such | ||||
information pertaining to sexual harassment laws and policies | ||||
may be incorporated into the registration process so that | ||
students must review the policies and laws and acknowledge such | ||
review, prior to being allowed to register. Documents to be | ||
posted shall be retrieved from the Illinois Department of Human | ||
Rights website to satisfy posting requirements. Posting of the | ||
posters shall be effectuated within 90 days of the effective | ||
date of this amendatory Act of the 96th General Assembly and | ||
shall occur annually thereafter. | ||
(B) The posted sexual harassment poster shall include, at a | ||
minimum, the following information: (i) the illegality of | ||
sexual harassment in higher education; (ii) the definition of | ||
sexual harassment under State law; (iii) a description of | ||
sexual harassment, utilizing examples; (iv) the institution's | ||
internal complaint process including penalties; (v) the legal | ||
recourse, investigative and complaint process available | ||
through the Department of Human Rights; (vi) directions on how | ||
to contact the Department; and (vii) protection against | ||
retaliation as provided by Section 6-101 of this Act. | ||
(C) Upon notification of a failure to post, the Department | ||
of Human Rights may launch a preliminary investigation. If the | ||
Department finds a failure to post, the Department may issue a | ||
notice to show cause giving the institution 30 days to correct | ||
the failure to post. If the failure to post is not corrected, | ||
the Department may initiate a charge of a civil rights | ||
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 | ||
is a civil
rights violation:
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(A) Higher Education Representative. For any higher | ||
education representative
to commit or engage in sexual | ||
harassment in higher education.
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(B) Institution of Higher Education. For any institution of | ||
higher education
to fail to take remedial action, or to fail to | ||
take appropriate disciplinary
action against a higher | ||
education representative employed by such institution,
when | ||
such institution knows that such higher education | ||
representative was
committing or engaging in or committed or | ||
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, | ||
2009.
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