Sen. Ram Villivalam

Filed: 3/15/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 75 by replacing
3everything after the enacting clause with the following:
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



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1instance of sexual assault or sexual harassment by a guest.
2    "Employee" means any natural person who works full-time or
3part-time for a hotel employer or casino employer for or under
4the direction of the hotel employer or casino employer or any
5subcontractor of the hotel employer or casino employer for
6wages or salary or remuneration of any type under a contract or
7subcontract of employment.
8    "Guest" means any invitee to a hotel or casino, including a
9registered guest, person occupying a guest room with a
10registered guest or other occupant of a guest room, person
11patronizing food or beverage facilities provided by the hotel
12or casino, or any other person whose presence at the hotel or
13casino is permitted by the hotel or casino. "Guest" does not
14include an employee.
15    "Guest room" means any room made available by a hotel for
16overnight occupancy by guests.
17    "Hotel" means any building or buildings maintained,
18advertised, and held out to the public to be a place where
19lodging is offered for consideration to travelers and guests.
20"Hotel" includes an inn, motel, tourist home or court, and
21lodging house.
22    "Hotel employer" means any person, business entity, or
23organization that operates a hotel and either directly employs
24or through a subcontractor, including through the services of a
25temporary staffing agency, exercises direction and control
26over any natural person who is working on the hotel premises



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1and employed in furtherance of the hotel's provision of lodging
2to travelers and guests.
3    "Notification device" or "safety device" means a portable
4emergency contact device, supplied by the hotel employer or
5casino employer, that utilizes technology that the hotel
6employer or casino employer deems appropriate for the hotel's
7or casino's size, physical layout, and technological
8capabilities and that is designed so that an employee can
9quickly and easily activate the device to alert a hotel or
10casino security officer, manager, or other appropriate hotel or
11casino staff member designated by the hotel or casino and
12effectively summon to the employee's location prompt
13assistance by a hotel or casino security officer, manager, or
14other appropriate hotel or casino staff member designated by
15the hotel or casino.
16    "Offending guest" means a guest a complaining employee has
17alleged sexually assaulted or sexually harassed the
18complaining employee.
19    "Restroom" means any room equipped with toilets or urinals.
20    "Sexual harassment" means any harassment or discrimination
21on the basis of an individual's actual or perceived sex or
22gender, including unwelcome sexual advances, requests for
23sexual favors, or other verbal or physical conduct of a sexual
25    Section 10. Hotels and casinos; safety devices;



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1anti-sexual harassment policies.
2    (a) Each hotel and casino shall equip an employee who is
3assigned to work in a guest room, restroom, or casino floor,
4under circumstances where no other employee is present in the
5room or area, with a safety device or notification device. The
6employee may use the safety device or notification device to
7summon help if the employee reasonably believes that an ongoing
8crime, sexual harassment, sexual assault, or other emergency is
9occurring in the employee's presence. The safety device or
10notification device shall be provided by the hotel or casino at
11no cost to the employee.
12    (b) Each hotel employer and casino employer shall develop,
13maintain, and comply with a written anti-sexual harassment
14policy to protect employees against sexual assault and sexual
15harassment 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
3employees with a current copy in English and Spanish of the
4hotel employer's or casino employer's anti-sexual harassment
5policy and post the policy in English and Spanish in
6conspicuous places in areas of the hotel or casino, such as
7supply rooms or employee lunch rooms, where employees can
8reasonably be expected to see it. Each hotel employer and
9casino employer shall also make all reasonable efforts to
10provide employees with a current copy of its written
11anti-sexual harassment policy in any language other than
12English and Spanish that, in its sole discretion, is spoken by
13a predominant portion of its employees.
14    Section 15. Retaliation prohibited. It is unlawful for a
15hotel employer or casino employer to retaliate against an
16employee 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.
24    Section 20. Violations. An employee or representative of



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