(820 ILCS 325/5-10)

Sec. 5-10. Hotels and casinos; safety devices; 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 safety device or notification device. The employee may use the safety device 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 safety device or notification device shall be provided by the hotel or casino at no cost to the employee.

(b) Each hotel employer and casino employer 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 employer or casino employer any instance of alleged sexual assault or sexual harassment by a guest;

(2) describe the procedures that the complaining employee and hotel employer or casino employer 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) file a police report or criminal complaint with the appropriate local authorities against the offending guest; and

(B) if so required, testify as a witness at any legal proceeding that may ensue as a result of the criminal complaint filed against the offending guest, 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 5-15 makes it illegal for an employer to retaliate against any employee who: reasonably uses a safety device 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 employer and casino employer shall provide all employees with a current copy in English and Spanish of the hotel employer's or casino employer's anti-sexual harassment policy and post the policy in English and Spanish 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. Each hotel employer and casino employer shall also make all reasonable efforts to provide employees with a current copy of its written anti-sexual harassment policy in any language other than English and Spanish that, in its sole discretion, is spoken by a predominant portion of its employees.

(Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A. 101-639 for effective date of P.A. 101-221); 102-558, eff. 8-20-21.)