HB3528 - Consent-Required Workplace Act

• Requires Illinois employers to obtain active consent for any physical touch beyond a handshake between employees and colleagues, contractors, customers, students, direct reports, or business-to-business clients.

• Prohibits persons with higher pay grade or status from asking others to initiate physical touch beyond a handshake or engaging in unwanted or offensive speech.

• Mandates employers update their workplace policies within 7 business days of receiving a non-consensual behavior complaint to address that specific conduct.

• Subjects employers with filed complaints to randomized audits and requires mandatory audits when 10 or more complaints are received regarding the same employer.

• Imposes $1,000 penalties per violation, collectible by the Department of Human Rights and used for administering this section; violations constitute civil rights violations under the Illinois Human Rights Act.

• Effective January 1, 2020.