SB0075 Engrossed LRB101 04852 TAE 49861 b
1		AN ACT concerning employment.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the Hotel
5		and Casino Employee Safety Act.
6		Section 5. Definitions. As used in this Act:
7		"Casino" has the meaning ascribed to the term "riverboat"
8		under the Riverboat Gambling Act.
9		"Casino employer" means any person, business, or
10		organization that holds an owners license pursuant to the
11		Riverboat Gambling Act that operates a casino and either
12		directly employs or through a subcontractor, including through
13		the services of a temporary staffing agency, exercises
14		direction and control over any natural person who is working on
15		the casino premises.
16		"Complaining employee" means an employee who has alleged an
17		instance of sexual assault or sexual harassment by a guest.
18		"Employee" means any natural person who works full-time or
19		part-time for a hotel employer or casino employer for or under
20		the direction of the hotel employer or casino employer or any
21		subcontractor of the hotel employer or casino employer for
22		wages or salary or remuneration of any type under a contract or
23		subcontract of employment.

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1		"Guest" means any invitee to a hotel or casino, including a
2		registered guest, person occupying a guest room with a
3		registered guest or other occupant of a guest room, person
4		patronizing food or beverage facilities provided by the hotel
5		or casino, or any other person whose presence at the hotel or
6		casino is permitted by the hotel or casino. "Guest" does not
7		include an employee.
8		"Guest room" means any room made available by a hotel for
9		overnight occupancy by guests.
10		"Hotel" means any building or buildings maintained,
11		advertised, and held out to the public to be a place where
12		lodging is offered for consideration to travelers and guests.
13		"Hotel" includes an inn, motel, tourist home or court, and
14		lodging house.
15		"Hotel employer" means any person, business entity, or
16		organization that operates a hotel and either directly employs
17		or through a subcontractor, including through the services of a
18		temporary staffing agency, exercises direction and control
19		over any natural person who is working on the hotel premises
20		and employed in furtherance of the hotel's provision of lodging
21		to travelers and guests.
22		"Notification device" or "safety device" means a portable
23		emergency contact device, supplied by the hotel employer or
24		casino employer, that utilizes technology that the hotel
25		employer or casino employer deems appropriate for the hotel's
26		or casino's size, physical layout, and technological

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1		capabilities and that is designed so that an employee can
2		quickly and easily activate the device to alert a hotel or
3		casino security officer, manager, or other appropriate hotel or
4		casino staff member designated by the hotel or casino and
5		effectively summon to the employee's location prompt
6		assistance by a hotel or casino security officer, manager, or
7		other appropriate hotel or casino staff member designated by
8		the hotel or casino.
9		"Offending guest" means a guest a complaining employee has
10		alleged sexually assaulted or sexually harassed the
11		complaining employee.
12		"Restroom" means any room equipped with toilets or urinals.
13		"Sexual assault" means: (1) an act of sexual conduct, as
14		defined in Section 11-0.1 of the Criminal Code of 2012; or (2)
15		any act of sexual penetration, as defined in Section 11-0.1 of
16		the Criminal Code of 2012 and includes, without limitation,
17		acts prohibited under Sections 11-1.20 through 11-1.60 of the
18		Criminal Code of 2012.
19		"Sexual harassment" means any harassment or discrimination
20		on the basis of an individual's actual or perceived sex or
21		gender, including unwelcome sexual advances, requests for
22		sexual favors, or other verbal or physical conduct of a sexual
23		nature.
24		Section 10. Hotels and casinos; safety devices;
25		anti-sexual harassment policies.

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1		(a) Each hotel and casino shall equip an employee who is
2		assigned to work in a guest room, restroom, or casino floor,
3		under circumstances where no other employee is present in the
4		room or area, with a safety device or notification device. The
5		employee may use the safety device or notification device to
6		summon help if the employee reasonably believes that an ongoing
7		crime, sexual harassment, sexual assault, or other emergency is
8		occurring in the employee's presence. The safety device or
9		notification device shall be provided by the hotel or casino at
10		no cost to the employee.
11		(b) Each hotel employer and casino employer shall develop,
12		maintain, and comply with a written anti-sexual harassment
13		policy to protect employees against sexual assault and sexual
14		harassment by guests. This policy shall:
15		(1) encourage an employee to immediately report to the
16		hotel employer or casino employer any instance of alleged
17		sexual assault or sexual harassment by a guest;
18		(2) describe the procedures that the complaining
19		employee and hotel employer or casino employer shall follow
20		in cases under paragraph (1);
21		(3) instruct the complaining employee to cease work and
22		to leave the immediate area where danger is perceived until
23		hotel or casino security personnel or police arrive to
24		provide assistance;
25		(4) offer temporary work assignments to the
26		complaining employee during the duration of the offending

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1		guest's stay at the hotel or casino, which may include
2		assigning the complaining employee to work on a different
3		floor or at a different station or work area away from the
4		offending guest;
5		(5) provide the complaining employee with necessary
6		paid time off to:
7		(A) file a police report or criminal complaint with
8		the appropriate local authorities against the
9		offending guest; and
10		(B) if so required, testify as a witness at any
11		legal proceeding that may ensue as a result of the
12		criminal complaint filed against the offending guest,
13		if the complaining employee is still in the employ of
14		the hotel or casino at the time the legal proceeding
15		occurs;
16		(6) inform the complaining employee that the Illinois
17		Human Rights Act and Title VII of the Civil Rights Act of
18		1964 provide additional protections against sexual
19		harassment in the workplace; and
20		(7) inform the complaining employee that Section 15
21		makes it illegal for an employer to retaliate against any
22		employee who: reasonably uses a safety device or
23		notification device; in good faith avails himself or
24		herself of the requirements set forth in paragraph (3),
25		(4), or (5); or discloses, reports, or testifies about any
26		violation of this Act or rules adopted under this Act.

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1		Each hotel employer and casino employer shall provide all
2		employees with a current copy in English and Spanish of the
3		hotel employer's or casino employer's anti-sexual harassment
4		policy and post the policy in English and Spanish in
5		conspicuous places in areas of the hotel or casino, such as
6		supply rooms or employee lunch rooms, where employees can
7		reasonably be expected to see it. Each hotel employer and
8		casino employer shall also make all reasonable efforts to
9		provide employees with a current copy of its written
10		anti-sexual harassment policy in any language other than
11		English and Spanish that, in its sole discretion, is spoken by
12		a predominant portion of its employees.
13		Section 15. Retaliation prohibited. It is unlawful for a
14		hotel employer or casino employer to retaliate against an
15		employee for:
16		(1) reasonably using a safety device or notification
17		device;
18		(2) availing himself or herself of the provisions of
19		paragraph (3), (4), or (5) of subsection (b) of Section 10;
20		or
21		(3) disclosing, reporting, or testifying about any
22		violation of this Act or any rule adopted under this Act.
23		Section 20. Violations. An employee or representative of
24		employees claiming a violation of this Act may bring an action

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1		against the hotel employer or casino employer in the circuit
2		court of the county in which the hotel or casino is located and
3		is entitled to all remedies available under the law or in
4		equity appropriate to remedy any such violation, including, but
5		not limited to, injunctive relief or other equitable relief
6		including reinstatement and compensatory damages. Before a
7		representative of employees may bring a claim under this Act,
8		the representative must first notify the hotel employer or
9		casino employer in writing of the alleged violation under this
10		Act and allow the hotel employer or casino employer 15 calendar
11		days to remedy the alleged violation. An employee or
12		representative of employees that successfully brings a claim
13		under this Act shall be awarded reasonable attorney's fees and
14		costs. An award of economic damages shall not exceed $350 for
15		each violation. Each day that a violation continues constitutes
16		a separate violation.