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| 1 | | instance of sexual assault or sexual harassment by a guest. |
| 2 | | "Employee" means any natural person who works full-time or |
| 3 | | part-time for a hotel employer or casino employer for or under |
| 4 | | the direction of the hotel employer or casino employer or any |
| 5 | | subcontractor of the hotel employer or casino employer for |
| 6 | | wages or salary or remuneration of any type under a contract or |
| 7 | | subcontract of employment. |
| 8 | | "Guest" means any invitee to a hotel or casino, including a |
| 9 | | registered guest, person occupying a guest room with a |
| 10 | | registered guest or other occupant of a guest room, person |
| 11 | | patronizing food or beverage facilities provided by the hotel |
| 12 | | or casino, or any other person whose presence at the hotel or
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| 13 | | casino is permitted by the hotel or casino. "Guest" does not |
| 14 | | include an employee.
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| 15 | | "Guest room" means any room made available by a hotel for |
| 16 | | overnight occupancy by guests. |
| 17 | | "Hotel" means any building or buildings maintained, |
| 18 | | advertised, and held out to the public to be a place where |
| 19 | | lodging is offered for consideration to travelers and guests. |
| 20 | | "Hotel" includes an inn, motel, tourist home or court, and |
| 21 | | lodging house. |
| 22 | | "Hotel employer" means any person, business entity, or |
| 23 | | organization that operates a hotel and either directly employs |
| 24 | | or through a subcontractor, including through the services of a |
| 25 | | temporary staffing agency, exercises direction and control |
| 26 | | over any natural person who is working on the hotel premises |
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| 1 | | and employed in furtherance of the hotel's provision of lodging |
| 2 | | to travelers and guests. |
| 3 | | "Notification device" or "safety device" means a portable |
| 4 | | emergency contact device, supplied by the hotel employer or |
| 5 | | casino employer, that utilizes technology that the hotel |
| 6 | | employer or casino employer deems appropriate for the hotel's |
| 7 | | or casino's size, physical layout, and technological |
| 8 | | capabilities and that is designed so that an employee can |
| 9 | | quickly and easily activate the device to alert a hotel or |
| 10 | | casino security officer, manager, or other appropriate hotel or |
| 11 | | casino staff member designated by the hotel or casino and |
| 12 | | effectively summon to the employee's location prompt |
| 13 | | assistance by a hotel or casino security officer, manager, or |
| 14 | | other appropriate hotel or casino staff member designated by |
| 15 | | the hotel or casino. |
| 16 | | "Offending guest" means a guest a complaining employee has |
| 17 | | alleged sexually assaulted or sexually harassed the |
| 18 | | complaining employee. |
| 19 | | "Restroom" means any room equipped with toilets or urinals. |
| 20 | | "Sexual harassment" means any harassment or discrimination
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| 21 | | on the basis of an individual's actual or perceived sex or |
| 22 | | gender, including unwelcome sexual advances, requests for |
| 23 | | sexual favors, or other verbal or physical conduct of a sexual |
| 24 | | nature.
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| 25 | | Section 10. Hotels and casinos; safety devices; |
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| 1 | | anti-sexual harassment policies. |
| 2 | | (a) Each hotel and casino shall equip an employee who is |
| 3 | | assigned to work in a guest room, restroom, or casino floor, |
| 4 | | under circumstances where no other employee is present in the |
| 5 | | room or area, with a safety device or notification device. The |
| 6 | | employee may use the safety device or notification device to |
| 7 | | summon help if the employee reasonably believes that an ongoing |
| 8 | | crime, sexual harassment, sexual assault, or other emergency is |
| 9 | | occurring in the employee's presence. The safety device or |
| 10 | | notification device shall be provided by the hotel or casino at |
| 11 | | no cost to the employee. |
| 12 | | (b) Each hotel employer and casino employer shall develop, |
| 13 | | maintain, and comply with a written anti-sexual harassment |
| 14 | | policy to protect employees against sexual assault and sexual |
| 15 | | harassment by guests. This policy shall: |
| 16 | | (1) encourage an employee to immediately report to the |
| 17 | | hotel employer or casino employer any instance of alleged |
| 18 | | sexual assault or sexual harassment by a guest; |
| 19 | | (2) describe the procedures that the complaining |
| 20 | | employee and hotel employer or casino employer shall follow |
| 21 | | in cases under paragraph (1); |
| 22 | | (3) instruct the complaining employee to cease work and |
| 23 | | to leave the immediate area where danger is perceived until |
| 24 | | hotel or casino security personnel or police arrive to |
| 25 | | provide assistance; |
| 26 | | (4) offer temporary work assignments to the |
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| 1 | | complaining employee during the duration of the offending |
| 2 | | guest's stay at the hotel or casino, which may include |
| 3 | | assigning the complaining employee to work on a different |
| 4 | | floor or at a different station or work area away from the |
| 5 | | offending guest; |
| 6 | | (5) provide the complaining employee with necessary |
| 7 | | paid time off to: |
| 8 | | (A) file a police report or criminal complaint with |
| 9 | | the appropriate local authorities against the |
| 10 | | offending guest; and |
| 11 | | (B) if so required, testify as a witness at any |
| 12 | | legal proceeding that may ensue as a result of the |
| 13 | | criminal complaint filed against the offending guest, |
| 14 | | if the complaining employee is still in the employ of |
| 15 | | the hotel or casino at the time the legal proceeding |
| 16 | | occurs; |
| 17 | | (6) inform the complaining employee that the Illinois |
| 18 | | Human Rights Act and Title VII of the Civil Rights Act of |
| 19 | | 1964 provide additional protections against sexual |
| 20 | | harassment in the workplace; and |
| 21 | | (7) inform the complaining employee that Section 15 |
| 22 | | makes it illegal for an employer to retaliate against any |
| 23 | | employee who: reasonably uses a safety device or |
| 24 | | notification device; in good faith avails himself or |
| 25 | | herself of the requirements set forth in paragraph (3), |
| 26 | | (4), or (5); or discloses, reports, or testifies about any |
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| 1 | | violation of this Act or rules adopted under this Act. |
| 2 | | Each hotel employer and casino employer shall provide all |
| 3 | | employees with a current copy in English and Spanish of the |
| 4 | | hotel employer's or casino employer's anti-sexual harassment |
| 5 | | policy and post the policy in English and Spanish in |
| 6 | | conspicuous places in areas of the hotel or casino, such as |
| 7 | | supply rooms or employee lunch rooms, where employees can |
| 8 | | reasonably be expected to see it. Each hotel employer and |
| 9 | | casino employer shall also make all reasonable efforts to |
| 10 | | provide employees with a current copy of its written |
| 11 | | anti-sexual harassment policy in any language other than |
| 12 | | English and Spanish that, in its sole discretion, is spoken by |
| 13 | | a predominant portion of its employees.
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| 14 | | Section 15. Retaliation prohibited. It is unlawful for a |
| 15 | | hotel employer or casino employer to retaliate against an |
| 16 | | employee for: |
| 17 | | (1) reasonably using a safety device or notification |
| 18 | | device; |
| 19 | | (2) availing himself or herself of the provisions of |
| 20 | | paragraph (3), (4), or (5) of subsection (b) of Section 10; |
| 21 | | or |
| 22 | | (3) disclosing, reporting, or testifying about any |
| 23 | | violation of this Act or any rule adopted under this Act.
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| 24 | | Section 20. Violations. An employee or representative of |
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| 1 | | employees claiming a violation of this Act may bring an action |
| 2 | | against the hotel employer or casino employer in the circuit |
| 3 | | court of the county in which the hotel or casino is located and |
| 4 | | is entitled to all remedies available under the law or in |
| 5 | | equity appropriate to remedy any such violation, including, but |
| 6 | | not limited to, injunctive relief or other equitable relief |
| 7 | | including reinstatement and compensatory damages. Before a |
| 8 | | representative of employees may bring a claim under this Act, |
| 9 | | the representative must first notify the hotel employer or |
| 10 | | casino employer in writing of the alleged violation under this |
| 11 | | Act and allow the hotel employer or casino employer 15 calendar |
| 12 | | days to remedy the alleged violation. An employee or |
| 13 | | representative of employees that successfully brings a claim |
| 14 | | under this Act shall be awarded reasonable attorney's fees and |
| 15 | | costs. An award of economic damages shall not exceed $350 for |
| 16 | | each violation. Each day that a violation continues constitutes |
| 17 | | a separate violation.
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| 18 | | Section 99. Effective date. This Act takes effect July 1, |
| 19 | | 2020.".
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