As Israeli companies with US employees approach year-end, special attention should be paid to new laws that will take effect.

In the legal update below, Greenberg Traurig’s Chicago office reminds companies that have employees in the State of Illinois of their new obligation to conduct workplace harassment training for these employees by no later than December 31, 2020. This requirement applies to any company with even one employee in the State of Illinois, regardless of how many individuals are employed by the Company in total.

New to 2020, Illinois employers of all sizes must conduct sexual harassment prevention training by Dec. 31. This training requirement is part of the Illinois Workplace Transparency Act, which requires employers to provide workplace harassment training to all employees at least once a year.

The training must include, at a minimum:

  1. An explanation of sexual harassment as defined by the Illinois Human Rights Act (IHRA);
  2. Examples of unlawful sexual harassment;
  3. A summary of relevant federal and state statutes, including remedies available; and
  4. A summary of the employer’s responsibilities to prevent, investigate, and correct occurrences of sexual harassment.

Takeaways

The Equal Employment Opportunity Commission estimates that 25% to 85% of working women have experienced sexual harassment on the job. The Illinois Workplace Transparency Act explains, “[o]rganizational tolerance of sexual harassment has a detrimental influence in workplaces by creating a hostile work environment … reducing productivity, and increasing legal liability.”

Against this backdrop, the IDHR created training materials that comply with the above legal requirements. While these materials are better than nothing, there is no substitute for dynamic, non-legalese, and tailored trainings that present these important topics in relatable terms. Beyond legal requirements, implementing policies and training programs that promote safe and inclusive workplaces often:

  1. maximizes employee engagement, satisfaction, productivity, and retention; and
  2. minimizes risk of lawsuits, reputational harm, employee absenteeism, and
    turnover.

Employers should work with experienced legal counsel to conduct employment trainings to ensure compliance with the Illinois Workplace Transparency Act.

For more information please reach out to GT’s Labor & Employment Shareholder, Meira Ferziger, who is based in the firm’s Tel Aviv office and is available to connect you with the firm’s Chicago Labor & Employment group for assistance.

Read the full GT Alert.

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Photo of Jon Zimring Jon Zimring

Jon Zimring is Co-Chair of the firm’s Labor & Employment Practice’s Workforce Compliance & Regulatory Enforcement group. He practices management-side labor and employment law, representing clients before both the courts and administrative agencies, including the U.S. Department of Labor (DOL), the Office of…

Jon Zimring is Co-Chair of the firm’s Labor & Employment Practice’s Workforce Compliance & Regulatory Enforcement group. He practices management-side labor and employment law, representing clients before both the courts and administrative agencies, including the U.S. Department of Labor (DOL), the Office of Federal Contract Compliance Programs (OFCCP), the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), numerous state and local counterparts to these agencies, and additional other federal, state, and local agencies that investigate, audit compliance with, and enforce labor and employment laws. Drawing on this experience, he also has an active practice assisting employers with prevention through proactive audits, compensation analyses, investigations and consultation, and the development of policies, procedures, systems and training. Jon’s practice includes the representation of employers through virtually all workplace issues, including traditional labor relations with unions, affirmative action compliance, wage and hour, leave and disability, and all forms of discrimination, harassment, and retaliation.

Photo of Lily M. McNulty Lily M. McNulty

Lily is a trusted advisor to companies of all sizes in the areas of employment law and labor relations. She provides practical advice, with a deep knowledge of federal, state, and local employment laws. If there is a new employment law, trend, or

Lily is a trusted advisor to companies of all sizes in the areas of employment law and labor relations. She provides practical advice, with a deep knowledge of federal, state, and local employment laws. If there is a new employment law, trend, or legal development, Lily knows about it and has a grasp on what companies are doing to stay competitive and compliant. Clients value her knowledge of employment laws and commitment to their business goals, improving employee relations, and minimizing legal risk.

Counseling: Lily provides strategic advice on virtually all employment matters. She guides employers on how to handle sticky situations with employees while keeping business needs and risk-mitigation at the forefront. Lily is a go-to point of contact for advice surrounding new and emerging laws, improving employee relations, gender and LGTBQ+ inclusivity, parental leave, pay transparency, biometrics, the interplay of employment with data privacy laws, wage and hour laws, background checks, drug and alcohol tests, reasonable accommodations, leaves of absence, sick leave, and more.

Policies & Procedures: Lily works closely with clients to draft and implement human resources policies and handbooks. Her handbooks do not read like they are written by a lawyer, and they are not “off the shelf”. They are reflective of the company’s operating reality and culture, tailored to each business, and they are written to solidify the company’s benefits and expectations of employees. Knowing what is written in an employee-facing policy is not enough if it is not followed in practice, Lily also partners with clients to create engaging and user-friendly guides and procedures for employees, management, HR, and legal teams. This full-picture approach is designed to foster positive employee relations and create a strong compliance foundation.

Agreements & Corporate Deals. Lily is also a go-to source for creating employment documents of all types. To name a few: offer letters, employment agreements, arbitration agreements, non-solicits, non-competes, confidential information agreements, IP protection agreements, independent contractor agreements, commission and bonus agreements, and severance packages. Her agreements are clear, concise, and comprehensive. She also works on corporate transactions, with a particular eye toward proactive actions to set companies up for post-acquisition success with employees.

Engaging Trainings: Lily regularly conducts workforce trainings related to new and emerging employment trends, inclusive workplaces, LGBTQ individuals in the workplace, gender inequities, managing and disciplining employees, conducting investigations and background checks, complying with wage and hour laws, and providing accommodations and leaves of absence. She also provides practical, relatable, and engaging trainings about maintaining discrimination and harassment-free workplaces that not only comply with employment laws but also build positive workplace cultures and brands.

Investigations: When allegations of discrimination, harassment, retaliation, or unfair treatment arise, clients often call upon Lily to conduct investigations and resolve employee complaints. Lily handles investigations of all sizes and volumes.

Labor Relations: When a union or threat of a union is involved, Lily advises employers on a wide spectrum of labor relations matters, including handling employee grievances, managing employee performance, and responding to union organizing campaigns. She also has experience negotiating collective bargaining agreements, represents employers in labor arbitrations, and defending National Labor Relations Board (NLRB) charges.

Charge and Litigation Experience: When clients are involved in litigation, Lily represents clients against charges of discrimination filed at the Equal Employment Opportunity Commission (EEOC) and state agencies, and against wage claims filed at the Department of Labor (DOL). She has obtained many dismissals on behalf of her clients. In addition, Lily has experience representing employers in state and federal lawsuits (both single plaintiff and class and collective actions) involving allegations of discrimination, harassment, retaliation, wage and hour violations, and Fair Credit Reporting Act (FCRA) violations. She calls on this experience when counseling clients.

Lily co-chairs the Greenberg Traurig Women’s Initiative (GTWI) in the Arizona office, serves as a mentor, and presents regularly on employment best practices.