Sec. 8-109.1. Civil penalties; failure to report; failure to train.

266 words·~1 min read·/il/chapter-775/act-5/8-109-1

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(A)A hearing officer may recommend the Commission or any 3-member panel thereof may:

(1)Failure to report. In the case of an employer who fails to make any disclosures

required under Section 2-108 within 30 days of the Department's notice to show cause, or as otherwise extended by the Department, order that a civil penalty be imposed pursuant to subsection (B).

(2)Failure to train. In the case of an employer who fails to comply with the sexual

harassment prevention training requirements under Section 2-109 or 2-110 within 30 days of the Department's notice to show cause, or as otherwise extended by the Department, order that a civil penalty be imposed pursuant to subsection (B).

(B)An employer who violates Section 2-108, 2-109, or 2-110 is subject to a civil penalty as follows:

(1)For an employer with fewer than 4 employees: a penalty not to exceed $500 for a

first offense; a penalty not to exceed $1,000 for a second offense; a penalty not to exceed $3,000 for a third or subsequent offense.

(2)For an employer with 4 or more employees: a penalty not to exceed $1,000 for a

first offense; a penalty not to exceed $3,000 for a second offense; a penalty not to exceed $5,000 for a third or subsequent offense.

(C)The appropriateness of the penalty to the size of the employer charged, the good faith efforts made by the employer to comply, and the gravity of the violation shall be considered in determining the amount of the civil penalty.