SB0075 101ST GENERAL ASSEMBLY

LRB101 04852 TAE 49861 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0075

Introduced 1/23/2019, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

New Act

Creates the Hotel and Casino Employee Safety Act. Requires hotels and casinos to adopt anti-sexual harassment policies and make panic buttons available to certain employees. Prohibits retaliation against an employee for using a panic button, availing himself or herself of the protections afforded by an anti-sexual harassment policy, or disclosing, reporting, or testifying about violations of the Act. Provides remedies for noncompliance. Limits home rule powers. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Hotel and Casino Employee Safety Act.

Section 5. Definitions. As used in this Act:

"Casino" means any gambling operation, person, association, corporation, partnership, or trust subject to the jurisdiction of the Gaming Board pursuant to the Riverboat Gambling Act.

"Complaining employee" means an employee who has alleged an instance of sexual assault or sexual harassment by a guest.

"Employee" means any natural person who works full time or part time at a hotel or casino for or under the direction of the hotel or casino or any subcontractor of the hotel or casino for wages or salary or remuneration of any type under a contract or subcontract of employment, whether expressed or implied.

"Guest" means any invitee to a hotel or casino, including a registered guest, person occupying a guest room with a registered guest or other occupant of a guest room, person patronizing food or beverage facilities provided by the hotel or casino, or any other person whose presence at the hotel or casino is permitted by the hotel or casino. "Guest" does not include an employee.

"Guest room" means any room made available by a hotel for overnight occupancy by guests.

"Hotel" means any building or buildings maintained, advertised, and held out to the public to be a place where lodging is offered for consideration to travelers and guests. "Hotel" includes an inn, motel, tourist home or court, and lodging house.

"Notification device" or "panic button" means a portable emergency contact device that is designed so that an employee can quickly and easily activate the button or device to effectively summon to the employee's location prompt assistance by a hotel or casino security officer, manager, or other appropriate hotel or casino staff member designated by the hotel or casino.

"Offending guest" means a guest a complaining employee has alleged sexually assaulted or sexually harassed the complaining employee.

"Restroom" means any room equipped with toilets or urinals.

"Sexual harassment" means any harassment or discrimination on the basis of an individual's actual or perceived sex or gender, including unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

Section 10. Hotels and casinos; panic buttons; anti-sexual harassment policies.

(a) Each hotel and casino shall equip an employee who is assigned to work in a guest room, restroom, or casino floor, under circumstances where no other employee is present in the room or area, with a panic button or notification device. The employee may use the panic button or notification device to summon help if the employee reasonably believes that an ongoing crime, sexual harassment, sexual assault, or other emergency is occurring in the employee's presence. The panic button or notification device shall be provided by the hotel or casino at no cost to the employee.

(b) Each hotel and casino shall develop, maintain, and comply with a written anti-sexual harassment policy to protect employees against sexual assault and sexual harassment by guests. This policy shall:

(1) encourage an employee to immediately report to the hotel or casino any instance of alleged sexual assault or sexual harassment by a guest;

(2) describe the procedures that the complaining employee and hotel or casino shall follow in cases under paragraph (1);

(3) instruct the complaining employee to cease work and to leave the immediate area where danger is perceived until hotel or casino security personnel or police arrive to provide assistance;

(4) offer temporary work assignments to the complaining employee during the duration of the offending guest's stay at the hotel or casino, which may include assigning the complaining employee to work on a different floor or at a different station or work area away from the offending guest;

(5) provide the complaining employee with necessary paid time off to:

(A) sign a police complaint against the offending guest; and

(B) testify as a witness at any legal proceeding that may ensue as a result of the complaint, if the complaining employee is still in the employ of the hotel or casino at the time the legal proceeding occurs;

(6) inform the complaining employee that the Illinois Human Rights Act and Title VII of the Civil Rights Act of 1964 provide additional protections against sexual harassment in the workplace; and

(7) inform the complaining employee that Section 15 makes it illegal for an employer to retaliate against any employee who: reasonably uses a panic button or notification device; in good faith avails himself or herself of the requirements set forth in paragraph (3), (4), or (5); or discloses, reports, or testifies about any violation of this Act or rules adopted under this Act.

Each hotel and casino shall provide all employees with a current copy in English, Spanish, and Polish, or other predominant language of the workforce, of the anti-sexual harassment policy of the hotel or casino, and post the policy in English, Spanish, and Polish, or other available language, in conspicuous places in areas of the hotel or casino, such as supply rooms or employee lunch rooms, where employees can reasonably be expected to see it.

Section 15. Retaliation prohibited. It is unlawful for a hotel or casino to retaliate against an employee for:

(1) reasonably using a panic button or notification device;

(2) availing himself or herself of the provisions of paragraph (3), (4), or (5) of subsection (b) of Section 10; or

(3) disclosing, reporting, or testifying about any violation of this Act or any rule adopted under this Act.

Section 20. Violations. An employee or representative of employees claiming a violation of this Act may bring an action in the circuit court of the county in which the hotel or casino is located and is entitled to all remedies available under the law or in equity appropriate to remedy any such violation, including, but not limited to, injunctive relief or other equitable relief including reinstatement and compensatory damages. For a willful violation of this Act, the amount of damages attributable to lost income due to the violation shall be trebled. An employee or representative of employees securing any relief pursuant to this Section shall be awarded reasonable attorney's fees and costs.

Section 25. Home rule. A home rule unit of local government, non-home rule municipality, or non-home rule county may regulate the implementation of this Act, but that regulation must be no less restrictive than this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.