[EMPLOYER NAME]

Workplace Anti-Harassment & Anti-Discrimination Policy

(Illinois‐Compliant – Court-Ready Template)

TABLE OF CONTENTS

1. Document Header.................................................................1
2. Definitions........................................................................2
3. Operative Provisions
    3.1 Policy Statement & Purpose.............................................4
    3.2 Scope & Covered Persons................................................5
    3.3 Prohibited Conduct...........................................................5
    3.4 Training Requirements (Illinois)....................................7
    3.5 Reporting Procedures....................................................8
    3.6 Investigation Protocols................................................10
    3.7 Corrective & Remedial Actions.....................................12
    3.8 No Retaliation................................................................13
4. Representations & Warranties..........................................14
5. Covenants & Restrictions..................................................15
6. Default & Remedies............................................................16
7. Risk Allocation.................................................................17
8. Dispute Resolution.............................................................18
9. General Provisions.............................................................20
10. Execution Block...............................................................22

1. DOCUMENT HEADER

1.1 Title. Workplace Anti-Harassment & Anti-Discrimination Policy (the “Policy”).

1.2 Parties. This Policy is issued by [EMPLOYER NAME], an [Illinois corporation/LLC/etc.] (“Employer”), and is binding upon all employees, officers, directors, interns (paid or unpaid), temporary workers, applicants, and any other covered persons as defined herein (collectively, “Employees”).

1.3 Recitals.
A. Employer is committed to maintaining a work environment free from unlawful harassment, discrimination, and retaliation.
B. Employer adopts this Policy to comply with Title VII of the Civil Rights Act of 1964, the Illinois Human Rights Act, the Illinois Workplace Transparency Act, and all other applicable federal, state, and local laws.
C. Adequate consideration exists, including continued at-will employment of Employees and the Employer’s provision of training and complaint procedures.

1.4 Effective Date. This Policy is effective as of [EFFECTIVE DATE] and supersedes all prior policies on the same subject matter.

1.5 Governing Law. This Policy shall be governed by the employment laws of the State of Illinois and applicable federal law (“Governing Law”).

2. DEFINITIONS

For ease of reference, capitalized terms are defined alphabetically below and used consistently throughout this Policy.

“Arbitration Procedure” – The limited arbitration process described in Section 8.2.
“Complaint” – Any oral or written allegation of conduct prohibited under this Policy.
“Covered Third Parties” – Vendors, customers, contractors, and any non-employee individuals present at Employer’s worksites or interacting with Employees.
“Designated Intake Officer” – The individual(s) identified in Section 3.5.2 authorized to receive Complaints.
“Good Faith” – Honest belief, based on reasonable grounds, that the reported information is true and not made for a malicious or frivolous purpose.
“Harassment” – Unwelcome conduct based on a Protected Characteristic as further defined in Section 3.3.1.
“Protected Characteristic” – Race, color, religion, national origin, ancestry, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), sexual orientation, gender identity or expression, age, marital status, order of protection status, military or veteran status, disability, genetic information, or any other characteristic protected under Governing Law.
“Retaliation” – Any adverse employment action taken because an individual engaged in protected activity under this Policy.
“Sexual Harassment Prevention Training” – The mandatory annual training described in Section 3.4.1.

[// GUIDANCE: Add any additional terms unique to the client’s workplace or industry.]

3. OPERATIVE PROVISIONS

3.1 Policy Statement & Purpose

a. Employer strictly prohibits all forms of Harassment, discrimination, and Retaliation in the workplace and during any work-related activity, whether on or off Employer premises.
b. This Policy aims to:
 i. Promote a respectful and inclusive work environment;
 ii. Provide clear avenues for reporting and prompt investigation of Complaints;
 iii. Comply with mandatory Illinois and federal requirements, including but not limited to 775 ILCS 5/2-109 and 820 ILCS 96; and
 iv. Minimize legal and reputational risk to Employer and Employees.

3.2 Scope & Covered Persons

This Policy applies to:
1. All Employees;
2. Covered Third Parties; and
3. Worksites, Employer-sponsored events, travel, remote work environments, and electronic communications platforms.

3.3 Prohibited Conduct

3.3.1 Harassment Defined. Harassment is unwelcome conduct based on a Protected Characteristic that:
 a. Has the purpose or effect of unreasonably interfering with an individual’s work performance; or
 b. Creates an intimidating, hostile, or offensive work environment.

3.3.2 Sexual Harassment. Sexual Harassment includes, but is not limited to:
 1. Unwanted sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature;
 2. Conditioning employment benefits on sexual favors (quid pro quo); or
 3. Conduct that a reasonable person would find offensive based on sex, sexual orientation, or gender identity.

3.3.3 Additional Examples. Offensive jokes, slurs, epithets, assaults, unwanted touching, ridicule, insults, offensive objects or pictures, and interference with work performance constitute prohibited Harassment when based on a Protected Characteristic.

3.3.4 Electronic Harassment. Prohibited conduct includes Harassment via email, text, instant messaging, social media, or any digital platform controlled by Employer.

3.4 Training Requirements (Illinois)

3.4.1 Mandatory Annual Training. Employer shall provide Sexual Harassment Prevention Training to all Employees annually, meeting or exceeding Illinois Department of Human Rights (IDHR) model standards.

3.4.2 Supplemental Training for Restaurants & Bars. If Employer operates as a restaurant or bar, specialized industry training consistent with 775 ILCS 5/2-110 shall be provided within the first calendar week of employment and annually thereafter.

3.4.3 Recordkeeping. Employer shall maintain, for a minimum of five (5) years, records of:
 a. Training dates;
 b. Names of attendees;
 c. Type of training; and
 d. Sign-in sheets or electronic acknowledgments.

[// GUIDANCE: HR should calendar annual training and track completion in the HRIS.]

3.5 Reporting Procedures

3.5.1 Obligation to Report. Employees who experience or witness conduct prohibited by this Policy are strongly encouraged, and supervisors are required, to report the conduct promptly.

3.5.2 Reporting Channels. Complaints may be submitted:
 a. To a Designated Intake Officer: [NAME/TITLE], [PHONE], [EMAIL];
 b. Through Employer’s anonymous hotline: [HOTLINE NUMBER];
 c. Via the IDHR hotline: (877) 236-7703; or
 d. By any other reasonable means.

3.5.3 Content of Complaint. While written Complaints are preferred, verbal Complaints are accepted. A Complaint should include: identities of all parties, date(s), location, description of conduct, witnesses, and any supporting documentation.

3.5.4 Bypass Provision. If a Designated Intake Officer is the alleged wrongdoer, Employees may report directly to [ALTERNATE OFFICER] or to external agencies listed in Section 3.5.5.

3.5.5 External Reporting. Nothing in this Policy prohibits Employees from filing with or cooperating in investigations of the IDHR, the Equal Employment Opportunity Commission (EEOC), or law enforcement.

3.6 Investigation Protocols

3.6.1 Initiation. Employer shall commence a Good-Faith investigation within five (5) business days of receipt of a Complaint.

3.6.2 Investigator Qualifications. Investigations shall be conducted by trained, impartial personnel or outside counsel/consultant, free from actual or perceived conflict of interest.

3.6.3 Investigation Steps.
 a. Interim Measures. Employer may implement temporary workplace changes (e.g., schedule modification, separation) to protect involved parties.
 b. Evidence Collection. Secure documents, electronic data, and witness statements.
 c. Confidentiality. Information shall be shared strictly on a need-to-know basis.
 d. Documentation. All investigatory actions and findings shall be documented.

3.6.4 Conclusion & Report. A written report summarizing findings, credibility assessments, and policy determinations shall be completed within thirty (30) calendar days, absent extenuating circumstances.

3.6.5 Notification. Parties shall be notified, in writing, of the investigation outcome consistent with applicable privacy laws.

[// GUIDANCE: Adopt IDHR’s model investigation checklist for uniformity.]

3.7 Corrective & Remedial Actions

If a policy violation is substantiated, Employer will impose discipline proportionate to the severity of the offense, up to and including termination. Remedial measures may also include: training, counseling, no-contact directives, and workplace adjustments.

3.8 No Retaliation

Retaliation against any individual who makes a Complaint, participates in an investigation, or exercises rights under this Policy or Governing Law is strictly prohibited. Violations will result in disciplinary action independent of the underlying Complaint.

4. REPRESENTATIONS & WARRANTIES

4.1 Employer represents that this Policy complies with all applicable federal, state, and local laws as of the Effective Date.

4.2 Employees acknowledge through signature in Section 10 that they:
 a. Have received, read, and understand this Policy;
 b. Will comply with its terms; and
 c. Are aware of training and reporting obligations.

4.3 Survival. Sections 3.8, 6, 7, and 8 shall survive any amendment or termination of this Policy.

5. COVENANTS & RESTRICTIONS

5.1 Employee Covenants. Each Employee shall:
 a. Refrain from prohibited conduct;
 b. Participate in required training;
 c. Cooperate fully and honestly in any investigation; and
 d. Maintain confidentiality consistent with Section 3.6.3(c).

5.2 Management Covenants. Managers and supervisors shall:
 a. Model appropriate behavior;
 b. Enforce this Policy consistently;
 c. Escalate all Complaints immediately upon receipt; and
 d. Not engage in Retaliation.

5.3 Notice & Cure. Employer reserves the right to require written notice and an opportunity to cure minor infractions before imposing disciplinary action, except in cases of severe misconduct.

6. DEFAULT & REMEDIES

6.1 Events of Default. Violation of Sections 3.3 (Prohibited Conduct) or 3.8 (No Retaliation) constitutes an Event of Default.

6.2 Graduated Discipline. Disciplinary measures may include: verbal warning, written warning, suspension (paid or unpaid), demotion, termination, and/or prohibition from Employer premises (for Covered Third Parties).

6.3 Attorney’s Fees & Costs. Employer reserves the right to seek recovery of its reasonable attorney’s fees and costs incurred enforcing this Policy against a willfully violating Employee, to the extent permitted by Governing Law.

7. RISK ALLOCATION

7.1 Indemnification – Employer Liability. Employer shall indemnify and hold harmless Employees from third-party claims arising out of actions taken in Good Faith under this Policy, except where the Employee’s conduct was willful misconduct or gross negligence.

7.2 Limitation of Liability. To the fullest extent permitted by Governing Law, Employer’s liability for compensatory or punitive damages arising from violations of this Policy shall be limited to any statutory caps or limitations applicable under Title VII, the Illinois Human Rights Act, or other Governing Law.

7.3 Insurance. Employer shall maintain Employment Practices Liability Insurance (EPLI) with coverage limits not less than [AMOUNT] per claim.

7.4 Force Majeure. Employer shall not be liable for delays in investigative timelines caused by events beyond its reasonable control (e.g., natural disasters, governmental shutdowns).

8. DISPUTE RESOLUTION

8.1 Internal Exhaustion. Employees must first utilize the Reporting Procedures in Section 3.5 before pursuing external remedies, except where immediate external reporting is protected by law.

8.2 Limited Arbitration.
 a. Eligible Claims. Except for claims of sexual harassment or discrimination (which are expressly non-arbitrable under 820 ILCS 96/1-25), any dispute arising under this Policy other than harassment, discrimination, or retaliation claims may, at Employer’s election, be resolved by binding arbitration pursuant to the Federal Arbitration Act and the rules of [ARBITRATION FORUM].
 b. Preservation of Statutory Rights. Nothing herein waives any substantive statutory right or remedy.
 c. Costs. Employer shall bear all forum fees; attorneys’ fees shall be governed by Governing Law.

8.3 Governing Law & Forum Selection. For non-arbitrable claims, the Circuit Court of [COUNTY], Illinois or the United States District Court for the [DISTRICT] shall have exclusive jurisdiction.

8.4 Jury Waiver. To the extent a claim is subject to judicial resolution and not prohibited by constitutional or statutory rights, the parties knowingly and voluntarily waive the right to a jury trial.

8.5 Injunctive Relief. Employer may seek temporary, preliminary, and/or permanent injunctive relief to enforce Sections 3.3 or 3.8 without posting bond, to the extent permitted by law.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Employer may amend this Policy at any time with written notice to Employees. No waiver shall be effective unless in writing and signed by Employer’s authorized representative.

9.2 Assignment. Employees may not assign rights or delegate duties under this Policy. Employer may assign its rights and obligations in connection with a merger, acquisition, or sale of substantially all assets.

9.3 Severability & Reformation. If any provision is held invalid or unenforceable, the remainder shall remain in effect. The invalid provision shall be reformed to the minimum extent necessary to achieve its original intent and remain enforceable.

9.4 Integration. This Policy constitutes the entire agreement between Employer and Employees concerning the subject matter herein and supersedes all prior policies or representations.

9.5 Counterparts & Electronic Signatures. This Policy may be executed in counterparts, each deemed an original, and signatures may be electronic pursuant to 5 ILCS 175.

9.6 Acknowledgment of Receipt. Employees must sign the acknowledgment in Section 10 within five (5) business days of distribution.

10. EXECUTION BLOCK

10.1 Employer Signature

| ______ | ________ |
| Authorized Representative | Date |
| Name: [PRINT NAME] | Title: [TITLE] |

10.2 Employee Acknowledgment

I acknowledge that I have received, read, and understand the [EMPLOYER NAME] Workplace Anti-Harassment & Anti-Discrimination Policy and agree to comply with its terms.

| ______ | ________ |
| Employee Signature | Date |
| Name: [PRINT NAME] | Position: [TITLE] |

Notarization/Witnessing is not required unless mandated by Employer policy or collective bargaining agreement.

[// GUIDANCE: Retain signed acknowledgments in the employee’s personnel file for at least the duration of employment plus five (5) years.]