56 Ill. Adm. Code 5220.900
Harassment
Section 5220
Section 5220.900 Harassment
a) An employer has an affirmative duty to maintain a working
environment free of harassment on the basis of national origin.
b) Ethnic slurs and other verbal or physical conduct relating to
an individual's national origin constitute harassment when this conduct:
1) has the purpose or effect of creating an intimimating, hostile
or offensive working environment;
2) has the purpose or effect of unreasonably interfering with an
individual's work performance; or
3) otherwise adversely affects an individual's employment
opportunities.
c) An employer is responsible for its acts and those of its
agents and supervisory employees with respect to harassment on the basis of
national origin regardless of whether the specific acts complained of were
authorized or even forbidden by the employer and regardless of whether the
employer knew or should have known of their occurrence. The Commission and the
Department will examine the circumstances of the particular employment
relationship and the job functions performed by the individual in determining
whether an individual acts in either a supervisory or agency capacity.
d) With respect to conduct between fellow employees, an employer
is responsible for acts of harassment, in the workplace on the basis of
national origin, where the employer, its agents or supervisory employees,
becomes aware of the conduct, and fails to take immediate and appropriate
corrective action.
e) An employer may also be responsible for the acts of
non-employees with respect to harassment of employees in the workplace on the
basis of national origin, where the employer, its agents or supervisory
employees, becomes aware of the conduct and fails to take immediate and
appropriate corrective action. In reviewing these cases, the Commission and the
Department will consider the extent of the employer's control and any other
legal responsibility which the employer may have with respect to the conduct of
such non-employees.