Above and Beyond Sexual Harassment Policy by Dan Hostetler

Compliance Manual Policy Name:

Harassment/Sexual Harassment Policy and Procedure POLICY NUMBER:

EFFECTIVE:

LAST UPDATED:

CP-16

10/17/2016

3/21/2022

Relevant Regulatory Citations: www.cityofchicago.org/humanrelations, Chicago Human Rights Ordinance, Section 2-160-030; CCHR Reg. 345.100; CCHR Reg. 345.110; CCHR Reg. 345.120; CCHR Reg. 345.130

PURPOSE 1.1 Above and Beyond Family Recovery Center (A&B) provides a work environment and recovery experience that is pleasant, healthy, comfortable, and free from intimidation, hostility or other offenses which might interfere with the rights or emotional well-being of anyone in the facility. Harassment of any sort - verbal, physical, sexual, or visual based on race, prior convictions or incarceration experience(s), living conditions, economic status, addictions, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, marital status, parental status, age, disability, source of income, military discharge status or credit history will not be tolerated. AnB pledges to do it’s best to maintain a workplace and recovery environment that is free of harassment based on any of these protected classes and those similar, but unnamed here.

DEFINITIONS 2.1 A&B Personnel: All directors, officers, full-time, part-time, and temporary employees of A&B, as well as any agents, third parties, observers, self-help attendees of various groups or independent contractors acting on behalf of A&B. 2.2 Compliance: A&B’s Compliance function and any A&B Personnel acting on behalf of A&B’s Compliance function, including but not limited to the Chief Compliance Officer and the Assistant Chief Compliance Officer. 2.3 HR - Human Resources representative. 2.4 ICC – Internal Complaint Committee, which is comprised of: 1) A&B Compliance Officer; 2) Investigative Team which includes a clinically qualified gender balance (i.e. male/female); 3) Qualified Guests, including the Executive Director, who wish to oversee the process in order to guarantee a balanced, informed, harm-reductive, and compassionate process. 2.5 Self-Help Groups – All nonclinical groups which are open to the public and fall outside of the A&B Clinical Protocol (i.e. AA, SMART Recovery, Recovery Dharma, Women for Sobriety, Men for Sobriety, W.R.A.P., LifeRing, Racial Healing, and others). 2.6 Sexual Harassment - Under the Illinois Human Rights Act, “Sexual harassment” means any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when: 2.6.1

submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

2.6.2

submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

2.6.3

such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment or interfering with recovery programs and personal growth.

Above and Beyond Confidential

Compliance Manual 2.7 Unwelcome Behavior - Sexual conduct becomes sexual harassment when the behavior is unwelcome. Behavior may be unwelcome in the sense that the victim did not solicit or invite it, or in the sense that the victim regarded the conduct as undesirable or offensive. 2.7.1

Welcome behavior can quickly become unwelcome behavior. What starts off as welcome behavior (consensual joking) can cross a line and become unwelcome behavior. The victim is the one who decides, not the perpetrator.

2.7.2

Also, consent can be revoked at any time. When someone experiencing sexual harassment behavior says, “stop talking to me like this” it must stop. The perpetrator cannot use as a defense ”Well you started it.” or “You were ok with it at first.”

2.8 Working Environment - The “working environment” is not limited to the physical location where the A&B Personnel is assigned or is present. The “working environment” extends to other worksites including off-site, mobile or moving worksites/locations. For example, a “working environment” includes the courthouse for a lawyer, or an off-site event for a case worker. 3

FACTS 3.1 A&B Personnel are required to be informed of Sexual Harassment law and of A&B Sexual Harassment Policies: All directors, officers, full-time, part-time, and temporary employees of A&B, as well as any agents, third parties, or independent contractors acting on behalf of A&B must take a mandatory annual training on this policy and the State of Illinois Sexual Harassment Prevention Training. 3.2 The Illinois Human Rights Act protects Employees, A&B Personnel, Nonemployees and all varieties of attendees and visitors from sexual harassment. 3.2.1

Victims of sexual harassment can include Employees and Nonemployees when sexually harassed by other Employees or Nonemployees.

3.2.2

Victims of sexual harassment can include not only the target of the sexual harassment, but also those Employees or Nonemployees who are Bystanders or Witnesses to the sexual harassment.

3.3 The Illinois Human Rights Act protects Patients/Patrons from sexual harassment in “places of public accommodation,” such as stores, hotels, restaurants, theaters, museums, health clubs and hospitals, which includes the Above and Beyond Family Recovery Center facility. 3.4 Because A&B is a “place of public accommodation” we are responsible for sexual harassment of Patients/Patrons when perpetrated by our Employees or Nonemployees. 3.5 The Illinois Human Rights Act prohibits Employees, A&B Personnel and Nonemployees from engaging in sexual harassment. 3.5.1

A&B is responsible for sexual harassment perpetrated by our Employees and Nonemployees against other Employees and Nonemployees.

3.5.2

A&B is also responsible for sexual harassment perpetrated by our Employees and Nonemployees against patients/patrons.

3.6 Unlike the trauma and plethora of psychosocial damage which victims are the recipients of, and the extensive research and corresponding therapies that are readily available to victims, the complex spectrum of compulsive sexual behaviors that cause these damaging and potentially life-changing traumas have not yet received appropriate attention from researchers and clinicians. To date, there have been very few formalized studies of compulsive sexual Above and Beyond Confidential

Compliance Manual behaviors and the DSM-V does not list any form of compulsive sexual behavior as a separate disorder with formal criteria. There is no mention of repetitive, continued sexual behaviors that cause clinical distress and impairment to their victims and, in fact, the only place where compulsive sexual behaviors might be included is within the context of sexual disorder, not otherwise specified (NOS) or as part of a manic episode. In other words, hypersexuality, sexual addiction, or compulsive sexual behaviors are terms that are not diagnosable except subjectively and by means of the damage caused. 3.7 However, one of the observable, fundamental hallmarks of compulsive sexual behavior is continued engagement in sexual activities despite the negative consequences created by these activities. This is the same phenomenon seen in substance use and impulse control disorders. Psychologically, sexual behaviors serve to escape emotional or physical pain or are a way of dealing with life stressors, which would give reason to their more obvious prominence at A&B. 3.8 A&B will attempt to discern, during the investigative portion of the Sexual Harassment Process Flowchart, whether the alleged perpetrator has committed unacceptable infractions of social norms, which break A&B social climate norms of low-to-no tolerance, or whether they bear the symptoms of compulsive sexual behaviors which fall outside of A&B's ability to diagnose, control, diminish, or protect our populations from. Therefore: 3.8.1

Investigations that find unintentional harm due to lack of empathy, poor education, or lapse of judgement will consider the creative application of behavioral contracts, reorientation, and behavioral modifiers as potential solutions as long as they pass a majority vote by the ICC and are acceptable to the victim(s);

3.8.2

Investigations that find undiagnosable sexual compulsions that fall outside of A&B's expertise will be discharged from A&B care, will receive referral to a qualified treatment partner when possible, and will be prohibited from contact with the victim while the victim is in an A&B facility;

3.8.3

Discharged perpetrators may be reconsidered for readmittance with proof of rehabilitation which has been accepted by the ICC as long as no further harm can come to the victim.

3.9 Victims of Sexual Harassment will receive mandatory rehabilitative, resilience counseling through the HR department which will involve components of: REBT, acceptance, processing, self-blame diminishment, appropriate elements of forgiveness, closure, self-advocacy training and measures that help other victims and potential victims to overcome their similar traumatic experiences. Each case of counseling will be documented and continue until a release from care is deemed appropriate by a majority of the ICC in harmony with the HR department. All victim counseling should have a specific timeline that is presented to the ICC for approval and then signed as acceptable by the victim and representative of HR. Length of treatment(s) should be appropriate to the infraction and not include historical psychopathological disorders no matter how relevant they are to the infraction and harm caused. 3

POLICY 3.1 Harassment can take many forms. It may be, but is not limited to: words, signs, jokes, pranks, intimidation, physical contact, or violence. Harassment is defined as slurs and other verbal or physical conduct relating to an individual’s membership in a protected class when the conduct: 3.1.1

Has the purpose or effect of creating an intimidating, hostile of offensive working environment.

3.1.2

Has the purpose or effect of unreasonably interfering with an individual’s work performance; or

Above and Beyond Confidential

Compliance Manual 3.1.3 3.2 3.2.

Otherwise adversely affects an individual’s employment opportunities

Examples of workplace harassment include: 3.2.1

Repeated derogatory or offensive comments related to a person’s protected class.

3.2.2

Displaying insensitive pictures, cartoons, and jokes about a protected class; or disseminating such material through workplace e-mail.

3.2.3

Repeated threats of dismissal or severe discipline without cause.

3.2.4

Excluding or isolating a person from workplace activities because of their protected class.

3.2.5

Making fun of an individual’s religious practices.

3.2.6

Extreme criticism of an individual’s work performance in front of employees or customers

3.3 Harassment often consists of a series of incidents which, taken together, are found to be severe or pervasive enough to create a hostile work environment. 3.4 Stray remarks and isolated incidents may not be sufficient to violate the ordinance, if the conduct not severe or pervasive. 3.5 Employers may be held responsible for the harassing conduct of supervisors and other agents. Employers can also be held responsible for harassment by non-supervisory or nonmanagerial personnel if they were aware of the conduct but failed to take reasonable corrective action. In addition, harassers can be held individually liable for their own conduct. 3.6 Sexually harassing conduct may include:

3.6.1

unwelcome sexual advances,

3.6.2

requests for sexual favors,

3.6.3

any other verbal or physical contact of a sexual nature that prevents an individual from effectively performing the duties of their position,

3.6.4

creates an intimidating, hostile or offensive working environment, or when such conduct is made a condition of an employment or compensation.

REPORTING 4.1 Any incidents of harassment involving staff must be immediately reported to, in priority: 1) Any Supervisor, and 2) Human Resources. Appropriate investigation and disciplinary action will be taken. All reports will be promptly investigated with due regard for the privacy of everyone involved. 4.2 Any incidents of harassment involving interns must be immediately reported to a Director of Intern Programs. Appropriate investigation and disciplinary action will be taken. All reports will be promptly investigated with due regard for the privacy of everyone involved. 4.3 Any employee or intern found to have harassed a fellow employee, subordinate or client will be subject to severe disciplinary action or possible discharge. Above and Beyond will also take any additional action necessary to appropriately remedy the situation. No adverse employment action will be taken for any employee making a good faith report of alleged harassment and will be protected by Above and Beyond’s Whistleblower Policy and Procedure.

Above and Beyond Confidential

Compliance Manual 5

INCLUSIONS/ATTACHMENTS 5.1 The following documents and information is the responsibility of the trainee to procure, read, learn, and behave according to its mandates. The list includes: 5.1.1

A&B Primary Counselor Handbook

5.1.2

“Path of a Charge” process flowchart

5.1.3

AnB / State of Illinois Sexual Harassment Prevention Training PowerPoint Handout which includes Compliance Hotline Policy and Procedure

RECEIVED AND ACCEPTED BY:

(Printed Name)

Date

(Date)

Author

Above and Beyond Confidential

(Signature) REVISION HISTORY Version Comments

Re s i l i e nc e/Se ns i t i v i t y Co uns e l i ng

Harassment / Sexual Harassment Report Form If you believe that you or another person has been subject to workplace Harassment / Sexual Harassment, this form may be used to file a report to any Supervisor, Human Resource personnel, Manger or employee of Above and Beyond of any kind. Please refer to Above and Beyond’s Workplace Sexual Harassment Policy and Procedure for additional information regarding workplace Sexual Harassment. Please provide as much detail as possible on this form, as this information will be used to assist in the investigation of your report. Submit the completed form to any of the above listed personnel or via email to the Human Resource Coordinator, Erica Tate: etate@anb.today. Your Job Title: Your Phone Number:

Your Name: Your Email: Name(s) of Alleged Victim(s): Name(s) of Alleged Harasser(s):

Please detail the incident(s), including dates, times, places, and names of witnesses. Attach additional sheets as needed.

If you have any materials, such as documents, emails, text messages, photographs etc., which contain information about the incident(s) described above, please describe them below and attach them to this document.

To investigate this report, it will be necessary to interview you, the alleged victim(s), the alleged harasser(s), and any witnesses. The investigation and any resulting action taken on behalf of the addiction treatment center will be kept private to the extent possible. Individuals are reminded that no one who makes a good-faith complaint of Harassment / Sexual Harassment or participates in an investigation into Sexual Harassment may be retaliated against. Retaliation is against the Above and Beyond Sexual Harassment Policy and it is against the law. If you believe that retaliation has occurred, contact anyone previously listed to report the incident. By signing below, you attest that the information provided in this report is true and correct to the best of your knowledge and that you are willing to cooperate fully in the investigation of this report.

Signature:

Date:

Above and Beyond/ State of Illinois Sexual Harassment Prevention Training Version 2.1

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

Sexual Harassment Is Prohibited HERE and everywhere in Illinois • The Illinois Human Rights Act makes it a civil rights violation “[f]or any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment.” 775 ILCS 5/2102(D). • The Illinois General Assembly finds that tolerance of sexual harassment has a detrimental influence in workplaces by creating a hostile environment for employees, reducing productivity, and increasing legal liability. • The State of Illinois encouraged us to adopt and actively implement policies to ensure their workplaces are safe for employees to report concerns about sexual harassment without fear of retaliation, loss of status, or loss of promotional opportunities.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

AnB is Required to Provide Sexual Harassment Prevention Training for All Employees, Interns and Contractors • Every employer in the State of Illinois is required to provide employees with sexual harassment prevention training that complies with section 2-109 of the Illinois Human Rights Act (“IHRA”). • All employees regardless of their status (i.e. short-term, part-time, or intern) must be trained. • If an employer has an independent contractor working onsite with the employer’s staff, the independent contractor should receive sexual harassment prevention training.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

What Information Will Be Covered I.

an explanation of sexual harassment consistent with the Illinois Human Rights Act;

II.

examples of conduct that may constitute unlawful sexual harassment;

III.

a summary of Federal and State statutory laws concerning sexual harassment including remedies available to victims; and

IV. a summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. What is Sexual Harassment?

Under the Illinois Human Rights Act, “Sexual harassment” means any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when: • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or • such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. Types of Unlawful Sexual Harassment

Quid Pro Quo Sexual Harassment. “You do something for me, and I’ll do something for you.” This means that a manager or supervisor may not tell an employee that in order to receive a promotion, raise, preferred assignment, or other type of job benefit – or to avoid something negative like discipline or an unpleasant assignment – the employee must do something sexual in return.

Hostile Work Environment Sexual Harassment. “The air at work is full of sexual references and it is impacting me.” A hostile work environment may occur when unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. Unwelcome Behavior

• Sexual conduct becomes sexual harassment when the behavior is unwelcome. Behavior may be unwelcome in the sense that the victim did not solicit or invite it, or in the sense that the victim regarded the conduct as undesirable or offensive. • Welcome behavior can quickly become unwelcome behavior. What starts off as welcome behavior (consensual joking) can cross a line and become unwelcome behavior. • Also, consent can be revoked at any time. When someone experiencing sexual harassment behavior says, ”stop talking to me like this” it must stop. The perpetrator cannot use as a defense ”Well you started it.” or “You were ok with it at first.”

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. Working Environment

• An employee’s “working environment” is not limited to the physical location where the employee is assigned. The “working environment” extends to other worksites including off-site, mobile or moving worksites/locations. • For example, a “working environment” includes the courthouse for a lawyer, or an off-site event for a case worker.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. Gender Identity & Sexual …Orientation • A person can be the victim of sexual harassment regardless of the victim’s gender identity or the perpetrator’s gender identity. • A person can be the victim of sexual harassment regardless of the victim’s sexual orientation or the perpetrator’s sexual orientation.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. Employees and Nonemployees as Victims of Sexual Harassment

• The Illinois Human Rights Act protects Nonemployees from sexual harassment.

Employees

and

now

• Victims of sexual harassment can include Employees and Nonemployees when sexually harassed by other Employees or Nonemployees. • Victims of sexual harassment can include not only the target of the sexual harassment, but also those Employees or Nonemployees who are Bystanders or Witnesses to the sexual harassment. State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. Customers/Patrons as Victims of Sexual Harassment

• The Illinois Human Rights Act protects Customers/Patrons from sexual harassment in “places of public accommodation,” such as stores, hotels, restaurants, theaters, museums, health clubs and hospitals. • Employers that are also “places of public accommodation” are responsible for sexual harassment of Customers/Patrons when perpetrated by their Employees or Nonemployees.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. Employees and Nonemployees as …Perpetrators of Sexual Harassment

• The Illinois Human Rights Act prohibits Employees and Nonemployees from engaging in sexual harassment.

• Employees include co-workers, supervisors and managers. • Nonemployees include persons who are not employees, but are directly performing services for an employer, such as contractors or consultants (independent contractors or gig workers). • Employers are responsible for sexual harassment perpetrated by their Employees and Nonemployees against other Employees and Nonemployees. • Employers are also responsible for sexual harassment perpetrated by their Employees and Nonemployees against customers/patrons.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

I. Patients/Patrons and Third Parties as …Perpetrators of Sexual Harassment

• The Illinois Human Rights Act prohibits sexual harassment of Employees and Nonemployees by Patients/Patrons and Third Parties. • Employers are responsible for sexual harassment of their Employees and Nonemployees by Patients/Patrons. • Employers are also responsible for sexual harassment of their Employees and Nonemployees by Third Parties such as sales representatives, vendors, and/or delivery persons.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

What Information Will Be Covered I.

an explanation of sexual harassment consistent with the Illinois Human Rights Act;

II.

examples of conduct that may constitute unlawful sexual harassment;

III.

a summary of Federal and State statutory laws concerning sexual harassment including remedies available to victims; and

IV. a summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

II. What are Examples of ….Inappropriate Conduct? Sexual harassment includes unwelcome conduct of a sexual nature (sexual advances and requests for sexual favors). Examples include: • Pressure for sexual favors or to go out on a date • Deliberate touching, leaning over, or cornering another person • Sexual looks or gestures or whistling at someone • Sending letters, telephone calls, e-mails, texts, or other materials of a sexual nature • Sexual teasing, jokes, remarks, or questions • Referring to another as a “girl,” “hunk,” “doll,” “babe,” “honey,” “tootsie”, etc. • Actual or attempted rape or sexual assault

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

II. continued - Examples of ….Inappropriate Conduct More examples of conduct that may constitute sexual harassment include: • Turning work discussions to sexual topics • Asking about sexual fantasies, preferences, or history • Sexual comments, sexual innuendos, or sexual stories • Sexual comments about a person’s clothing, body, or looks • Kissing sounds, howling and smacking lips • Telling lies or spreading rumors about a person’s sex life • Massaging neck, shoulders, etc. • Touching another employee such as their clothing, hair, or body

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

II. Sexual Harassment in Online ….Environments

• Our conduct online and through social media can constitute sexual harassment even when it occurs “off the clock”, “off-site”, or even “out of state”. • Online sexual harassment includes using e-mail, cell phone texts, internet posting, online comments, blog posts, and social media (such as Facebook, Twitter, LinkedIn, Instagram, YouTube, and Snapchat) to send communications of a sexual nature. Examples include: • Flirting and requests or demands to go on a date or have sex • Sending inappropriate pictures or videos including sexually graphic material • Using sexual language or comments including sexually offensive language • Cyber stalking State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

What Information Will Be Covered I.

an explanation of sexual harassment consistent with the Illinois Human Rights Act;

II.

examples of conduct that may constitute unlawful sexual harassment;

III.

a summary of Federal and State statutory laws concerning sexual harassment including remedies available to victims; and

IV. a summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. What can I do if I experience, witness, …...or become aware of unwelcome ……sexual conduct?

If you experience, witness or become aware of unwelcome sexual conduct, know that: 1. You have the right to tell the person to stop. The initiating and participating persons must stop the unwelcome behavior upon request. If they continue the behavior or retaliate against you because you asked them to stop, they can be found to have violated the law by engaging in sexual harassment or retaliation. 2. You have the right to report the sexual harassment. Several reporting options are available. The option you choose may depend on the nature and severity of the unwelcome conduct of a sexual nature. Persons who report sexual harassment or participate in investigations are protected from retaliation. State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Reporting Sexual Harassment – …..Several Options The choice of how to report an allegation of sexual harassment is a personal one, and these options are not mutually exclusive. You may pursue one or more of the following reporting options:

State of Illinois Department of Human Rights

Call the State of Illinois Sexual Harassment & Discrimination Helpline

Report the Incident to Your Employer

File a Charge with the Illinois Department of Human Rights (IDHR)

File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC)

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Call the State of Illinois Sexual Harassment and Discrimination Helpline If you or someone you know has experienced or witnessed unwelcome conduct of a sexual nature in the workplace, please call the State of Illinois Sexual Harassment and Discrimination Helpline for assistance. Calls are confidential and can be made anonymously.

Call: 1-877-236-7703 Visit www.Illinois.gov/SexualHarassment Helpline representatives can help callers navigate their numerous reporting options and share additional information related to counseling, legal assistance, and frequently asked questions. State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

State of Illinois Department of Human Rights

Call the State of Illinois Sexual Harassment & Discrimination Helpline

Report the Incident to Your Employer

File a Charge with the Illinois Department of Human Rights (IDHR)

File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC)

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Reporting Sexual Harassment …..to an Employer Report the incident to one or more of the following employer representatives: 1.

Your Supervisor or any member of management you trust. Supervisors and members of management are responsible for knowing the employer’s internal complaint investigation and resolution process. Supervisors can help effect immediate positive change.

Human Resources Officers can work with management to investigate and resolve sexual harassment complaints. This option may be preferred, if the perpetrator of the sexual harassment is a supervisor or manager.

Designated Sexual Harassment Reporting Officers are often established by employers to specifically receive and investigate sexual harassment complaints. Consult your employer’s sexual harassment policy for specific reporting contact information.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

State of Illinois Department of Human Rights

Call the State of Illinois Sexual Harassment & Discrimination Helpline

Report the Incident to Your Employer

File a Charge with the Illinois Department of Human Rights (IDHR)

File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC)

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Reporting Sexual Harassment to the …..Illinois Department of Human Rights …..(IDHR) The Illinois Department of Human Rights (IDHR) is a state agency responsible for enforcing the Illinois Human Rights Act, the state law which makes it illegal to engage in sexual harassment or retaliation. • Complainants (victims of sexual harassment) may file a charge at any time within 300 days of the incident(s). • IDHR has jurisdiction (authority) to investigate employers who have 1 or more employees. • To start the process, submit a Complainant Information Sheet to IDHR.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Remedies Available Under The …..Illinois Human Rights Act

• After IDHR completes its investigation, the Complainant (the employee): 1. May file a lawsuit in civil court, or 2. May file a complaint with the Illinois Human Rights Commission (HRC) if IDHR found “substantial evidence” of a violation. • Complainants who prevail in the HRC or Court may receive an order awarding remedies allowed by the Illinois Human Rights Act to make the Complainant “whole.” • Remedies may include: back pay, lost benefits, clearing of a personnel file, damages, hiring, promotion, reinstatement, front pay where reinstatement is not possible, and attorney’s fees and costs. State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Reporting Sexual Harassment to …..the IDHR (Contact Information)

To file a charge, call IDHR or visit them online:

1-800-662-3942 | www.ILLINOIS.GOV/DHR IDHR Offices Locations: • Chicago. Office: 312-814-6200 | 866-740-3953 (TTY), 555 W. Monroe St., 7th Floor, Chicago, IL 60661 • Springfield. Office: 217-785- 5100 | 866-740-3953 (TTY), 535 W. Jefferson, 1st Floor, Intake Unit, Springfield, IL 62702 • Marion. Office: 618-993-7463 | 217-740-3953 (TTY), 2309 W Main St, Marion, IL 62959 State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

State of Illinois Department of Human Rights

Call the State of Illinois Sexual Harassment & Discrimination Helpline

Report the Incident to Your Employer

File a Charge with the Illinois Department of Human Rights (IDHR)

File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC)

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Reporting Sexual Harassment …..to the U.S. EEOC The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII of the Civil Rights Act of 1964, the federal law that make it illegal to engage in sexual harassment or retaliation. • Complainants (victims of sexual harassment) may file a charge at any time within 300 days of the incident(s). • The EEOC has jurisdiction (authority) to investigate employers who have 15 or more employees. • To start the process, call the EEOC or visit their website.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Remedies Available Under Title …..VII of the Civil Rights Act of 1964 • After EEOC completes its investigation: 1.

The Complainant (the employee) may file a lawsuit in federal court.

The EEOC may help parties reach a settlement through an informal process called “conciliation” if the EEOC finds “reasonable cause” to believe discrimination occurred.

• Complainants who prevail in federal court may receive an order awarding remedies allowed by Title VII to make the employee “whole.” • Remedies may include: back pay, lost benefits, clearing of a personnel file, damages, hiring, promotion, reinstatement, front pay where reinstatement is not possible, punitive damages, and attorney’s fees and costs.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

III. Reporting Sexual Harassment to the U.S. EEOC (Contact Information) To file a charge, call or visit online:

1-800-669-4000 | www.EEOC.GOV

1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only) 1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only) U.S. EEOC Offices Serving Illinois • Chicago District Office. JCK Federal Building, 230 S. Dearborn St., Chicago, IL 60604 • St. Louis District Office. Robert A. Young Federal Building, 1222 Spruce St., Rm. 8.100, St. Louis, MO 63103

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

What Information Will Be Covered I.

an explanation of sexual harassment consistent with the Illinois Human Rights Act;

II.

examples of conduct that may constitute unlawful sexual harassment;

III.

a summary of Federal and State statutory laws concerning sexual harassment including remedies available to victims; and

IV. a summary of employer responsibilities in the prevention, investigation, and corrective measures of sexual harassment.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

IV. Is my Employer Responsible …..for Sexual Harassment? Yes, employers are responsible for sexual harassment in two ways: • Manager/Supervisor Harassment. Employers are strictly liable for sexual harassment perpetrated by its members of management regardless of whether the employer knew of the harassment. • Co-Worker & Nonemployee Harassment. Employers are liable for sexual harassment perpetrated by an employee (co-worker) or nonemployees (vendors) only if the employer knew or reasonably should have known of the harassment and failed to take prompt corrective action.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

IV. Employer Responsibilities We will now discuss employer responsibilities and liabilities concerning incidents of sexual harassment in workplaces including their responsibilities to:

• Prevent the incidence of sexual harassment in their workplaces; • Investigate incidents of sexual harassment in their workplaces; and • Correct the incidence of sexual harassment in their workplaces.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

35 IV. Employer Responsibility - Prevention 1.

No cell phone numbers, disguised, Google or otherwise, are ever to be shared with AnB patients.

No romantic, sexual or “other than friendship” relationships are allowed. Period.

Ensure clear communication on how to report incidents of sexual harassment or conduct of a sexual nature.

Managers and supervisors should monitor their work environment to ensure the workplace is free of sexual harassment - supervisors should be aware of the conduct within their supervision.

Managers and supervisors must lead by example and model appropriate conduct – refrain from engaging in conduct of a sexual nature.

Managers and supervisors should conduct a sexual harassment climate check regularly - discussing the topic at a team or staff meeting, in-service day or as part of structured communication such as pop-up trainings and newsletters. State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

VI. Employer Responsibility …...Investigation

Immediately respond to a complaint of sexual harassment and initiate an inquiry or investigation.

Interview the complainant (victim) and take reasonable action to protect the victim from retaliation or experiencing further sexual harassment during the investigation.

Interview all relevant witnesses.

Interview the alleged perpetrator of the sexual harassment.

Document the investigation results and maintain the file as an employment record.

Take corrective action as appropriate.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

IV. Employer Responsibility – …..Corrective Measures

Take appropriate corrective disciplinary action up to and including termination of employment where organizational policy has been violated.

In situations where the conduct in question did not rise to the level of sexual harassment or a violation of policy, but is concerning or may be considered grooming behavior, consider counseling, training and closer supervision of the employee.

Take reasonable action within the organization to reduce the likelihood of future sexual harassment incidents by updating policies and communicating them to the workforce; providing supplemental or tailored sexual harassment training; or restructuring the working environment or reporting relationships.

of Illinois up with the complainant (victim) at regular intervals 4.StateFollow ensure Helpline:to(877) 236-7703 Department of www.Illinois.gov/DHR/Training www.Illinois.gov/SexualHarassment they and the workplace remains free from sexual harassment. Human Rights

Completion & Certification

Thank you for completing the 2022 Annual Sexual Harassment Prevention Training Please take the following actions: 1.

Print and sign the “Certificate of Participation” provided.

Return the Certificate to your employer representative.

State of Illinois Department of Human Rights

www.Illinois.gov/DHR/Training

Helpline: (877) 236-7703

www.Illinois.gov/SexualHarassment

Certificate of Participation 2022 Sexual Harassment Prevention Training

I certify that I have carefully read and reviewed the content of, and completed, the 2022 Sexual Harassment Prevention Training pursuant to the Illinois Human Rights Act, 775 ILCS 5/2-109. Training Participant Information:

_______________________________________ (Printed Name - First, Middle Initial, Last)

______________________ (Signature)

____________________ (Birth Month and Day)

Training Date/Location:

_____________________________ (Company Name/Work Location)

State of Illinois Department of Human Rights

_______________ (Training Date

www.Illinois.gov/DHR/Training

________________________ Training Method

Helpline: (877) 236-7703