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.
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HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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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" means any gambling operation, person,
8association, corporation, partnership, or trust subject to the
9jurisdiction of the Gaming Board pursuant to the Riverboat
10Gambling Act.
11 "Complaining employee" means an employee who has alleged an
12instance of sexual assault or sexual harassment by a guest.
13 "Employee" means any natural person who works full time or
14part time at a hotel or casino for or under the direction of
15the hotel or casino or any subcontractor of the hotel or casino
16for wages or salary or remuneration of any type under a
17contract or subcontract of employment, whether expressed or
18implied.
19 "Guest" means any invitee to a hotel or casino, including a
20registered guest, person occupying a guest room with a
21registered guest or other occupant of a guest room, person
22patronizing food or beverage facilities provided by the hotel
23or casino, or any other person whose presence at the hotel or

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1casino is permitted by the hotel or casino. "Guest" does not
2include an employee.
3 "Guest room" means any room made available by a hotel for
4overnight occupancy by guests.
5 "Hotel" means any building or buildings maintained,
6advertised, and held out to the public to be a place where
7lodging is offered for consideration to travelers and guests.
8"Hotel" includes an inn, motel, tourist home or court, and
9lodging house.
10 "Notification device" or "panic button" means a portable
11emergency contact device that is designed so that an employee
12can quickly and easily activate the button or device to
13effectively summon to the employee's location prompt
14assistance by a hotel or casino security officer, manager, or
15other appropriate hotel or casino staff member designated by
16the hotel or casino.
17 "Offending guest" means a guest a complaining employee has
18alleged sexually assaulted or sexually harassed the
19complaining employee.
20 "Restroom" means any room equipped with toilets or urinals.
21 "Sexual harassment" means any harassment or discrimination
22on the basis of an individual's actual or perceived sex or
23gender, including unwelcome sexual advances, requests for
24sexual favors, or other verbal or physical conduct of a sexual
25nature.

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

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1 (4) offer temporary work assignments to the
2 complaining employee during the duration of the offending
3 guest's stay at the hotel or casino, which may include
4 assigning the complaining employee to work on a different
5 floor or at a different station or work area away from the
6 offending guest;
7 (5) provide the complaining employee with necessary
8 paid time off to:
9 (A) sign a police complaint against the offending
10 guest; and
11 (B) testify as a witness at any legal proceeding
12 that may ensue as a result of the complaint, if the
13 complaining employee is still in the employ of the
14 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 panic button 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 and casino shall provide all employees with a
2current copy in English, Spanish, and Polish, or other
3predominant language of the workforce, of the anti-sexual
4harassment policy of the hotel or casino, and post the policy
5in English, Spanish, and Polish, or other available language,
6in conspicuous 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.
9 Section 15. Retaliation prohibited. It is unlawful for a
10hotel or casino to retaliate against an employee for:
11 (1) reasonably using a panic button or notification
12 device;
13 (2) availing himself or herself of the provisions of
14 paragraph (3), (4), or (5) of subsection (b) of Section 10;
15 or
16 (3) disclosing, reporting, or testifying about any
17 violation of this Act or any rule adopted under this Act.
18 Section 20. Violations. An employee or representative of
19employees claiming a violation of this Act may bring an action
20in the circuit court of the county in which the hotel or casino
21is located and is entitled to all remedies available under the
22law or in equity appropriate to remedy any such violation,
23including, but not limited to, injunctive relief or other
24equitable relief including reinstatement and compensatory

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1damages. For a willful violation of this Act, the amount of
2damages attributable to lost income due to the violation shall
3be trebled. An employee or representative of employees securing
4any relief pursuant to this Section shall be awarded reasonable
5attorney's fees and costs.
6 Section 25. Home rule. A home rule unit of local
7government, non-home rule municipality, or non-home rule
8county may regulate the implementation of this Act, but that
9regulation must be no less restrictive than this Act. This Act
10is a limitation under subsection (i) of Section 6 of Article
11VII of the Illinois Constitution on the concurrent exercise by
12home rule units of powers and functions exercised by the State.
13 Section 99. Effective date. This Act takes effect upon
14becoming law.