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Illinois - Mandatory Adverse Judgment Reporting FAQs for Employers

On July 28, 2020, the Illinois Department of Human Rights (IDHR) released FAQs for Employers under Section 5/2-108 for the employer disclosure requirements under the state’s Workplace Transparency Act (IWTA).

Under the IWTA, beginning July 1, 2020 and by each July 1 thereafter, each employer that had an adverse judgment or administrative ruling (ruling) against it in the preceding calendar year must annually report the following to the IDHR:

  • The total number of rulings during the preceding year;
  • Whether any equitable relief was ordered; and
  • The number of rulings entered against them in the following categories:
    • Sexual harassment;
    • Discrimination or harassment on the basis of sex;
    • Discrimination or harassment on the basis of race, color, or national origin;
    • Discrimination or harassment on the basis of religion;
    • Discrimination or harassment on the basis of age;
    • Discrimination or harassment on the basis of disability;
    • Discrimination on the basis of military status or unfavorable discharge from military status;
    • Discrimination or harassment on the basis of sexual orientation or gender identity; and
    • Discrimination or harassment on the basis of any other characteristic protected under the Illinois Human Rights Act (IHRA).

The FAQs discuss:

  • Due dates for reporting;
  • Covered employers and the definition of an adverse judgment or administrative ruling, which is any final and non-appealable judgment that finds sexual harassment or unlawful discrimination in the employee’s favor and against an employer;
  • What information must be disclosed and must not be disclosed (such as the name of a victim of an act of alleged sexual harassment or unlawful discrimination);
  • When reporting is and is not required and jurisdiction (employers must report rulings within and outside of Illinois);
  • Mandatory reporting form IDHR 2-108; and
  • Online reporting and noncompliance penalties.