SB0075 EngrossedLRB101 04852 TAE 49861 b

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



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



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



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1    (a) Each hotel and casino shall equip an employee who is
2assigned to work in a guest room, restroom, or casino floor,
3under circumstances where no other employee is present in the
4room or area, with a safety device or notification device. The
5employee may use the safety device or notification device to
6summon help if the employee reasonably believes that an ongoing
7crime, sexual harassment, sexual assault, or other emergency is
8occurring in the employee's presence. The safety device or
9notification device shall be provided by the hotel or casino at
10no cost to the employee.
11    (b) Each hotel employer and casino employer shall develop,
12maintain, and comply with a written anti-sexual harassment
13policy to protect employees against sexual assault and sexual
14harassment 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
2employees with a current copy in English and Spanish of the
3hotel employer's or casino employer's anti-sexual harassment
4policy and post the policy in English and Spanish in
5conspicuous places in areas of the hotel or casino, such as
6supply rooms or employee lunch rooms, where employees can
7reasonably be expected to see it. Each hotel employer and
8casino employer shall also make all reasonable efforts to
9provide employees with a current copy of its written
10anti-sexual harassment policy in any language other than
11English and Spanish that, in its sole discretion, is spoken by
12a predominant portion of its employees.
13    Section 15. Retaliation prohibited. It is unlawful for a
14hotel employer or casino employer to retaliate against an
15employee 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
24employees claiming a violation of this Act may bring an action



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1against the hotel employer or casino employer in the circuit
2court of the county in which the hotel or casino is located and
3is entitled to all remedies available under the law or in
4equity appropriate to remedy any such violation, including, but
5not limited to, injunctive relief or other equitable relief
6including reinstatement and compensatory damages. Before a
7representative of employees may bring a claim under this Act,
8the representative must first notify the hotel employer or
9casino employer in writing of the alleged violation under this
10Act and allow the hotel employer or casino employer 15 calendar
11days to remedy the alleged violation. An employee or
12representative of employees that successfully brings a claim
13under this Act shall be awarded reasonable attorney's fees and
14costs. An award of economic damages shall not exceed $350 for
15each violation. Each day that a violation continues constitutes
16a separate violation.
17    Section 99. Effective date. This Act takes effect July 1,