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.