September 15, 2020

Illinois Employer Compliance Reporting Requirement

SUMMARY
 
Beginning July 1, 2020, Illinois employers who have had an adverse judgment or administrative ruling related to sexual harassment and/or unlawful discrimination in the preceding calendar year shall disclose annually to the Illinois Department of Human Rights (IDHR).

WHO:      ALL ILLINOIS EMPLOYERS--CPA Firms and Respective Clients
WHAT:    Reporting of Adverse Judgment(s) or Administrative Ruling(s)
WHERE: Illinois Department of Human Rights    [email protected] 
WHEN:   Reporting Deadline for CY 2019- October 31, 2020
WHY:      Illinois Workplace Transparency Act-Statutory Employer Compliance Report 

BACKGROUND
The Illinois Workplace Transparency Act (Public Act 101-0221) passed and signed into law on August 8, 2019 includes provisions requiring Illinois employers to report adverse judgments or administrative rulings relating to sexual harassment or unlawful discrimination in the preceding calendar year to the Illinois Department of Human Rights. As included in the August 28, 2020 Capitol Insight, the Illinois Department of Human Rights recently posted Frequently Asked Questions (FAQs) and Form IDHR 2-108 for employers to use in fulfilling statutorily required reporting. The FAQs provide guidance and an explanation on what should be reported. If an employer has had no adverse judgments or administrative rulings in CY 2019, there is no affirmative reporting requirement.

CPAs are strongly encouraged to review the FAQs for required reporting categories outlined in Section 2-108(B) of the Illinois Human Rights Act. 

NON-COMPLIANCE PENALTIES
This new employer reporting requirement includes graduated civil penalties for non-compliance.

QUESTIONS
The Illinois Department of Human Rights is the regulatory agency for report submissions and proponent of the newly imposed compliance reporting.  Contact IDHR with questions or for additional information.


This Regulatory Alert is for preliminary informational purposes and is not intended to serve as a comprehensive briefing on employer compliance guidelines. 
 

 
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