Illinois General Assembly - Full Text of HB3351
Illinois General Assembly

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Full Text of HB3351  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Ann M. Williams


New Act

    Creates the Restaurant Anti-Harassment Act. Requires restaurants to have a sexual harassment training policy and provide training to all employees. Requires restaurants to prohibit sexual harassment, establish an incident reporting protocol, and require all employees to participate in training. Provides for enforcement by the Department of Human Rights. Authorizes a civil penalty of $500 for the first violation and $1,000 for each subsequent violation. Effective January 1, 2020.

LRB101 09350 JLS 56436 b






HB3351LRB101 09350 JLS 56436 b

1    AN ACT concerning business.
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
5Restaurant Anti-Harassment Act.
6    Section 5. Definition. In this Act, "Employee" includes any
7individual performing services for remuneration within this
8State for an employer. "Employee" also includes an unpaid
9intern or apprentice and those employees with supervisory
11    Section 10. Sexual harassment policy required.
12    (a) Every restaurant must have a sexual harassment policy.
13The policy shall include:
14        (1) a prohibition on sexual harassment;
15        (2) the definition of sexual harassment under
16    applicable State and federal law;
17        (3) examples of prohibited conduct that would
18    constitute unlawful sexual harassment;
19        (4) the internal complaint process of the employer
20    available to the employee;
21        (5) the legal remedies and complaint process through
22    the Department of Human Rights;



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1        (6) a prohibition on retaliation for reporting sexual
2    harassment allegations; and
3        (7) a requirement that all employees participate in
4    sexual harassment training.
5    (b) Every restaurant shall provide sexual harassment
6training to all employees, regardless of employment
7classification. The training shall include, at a minimum, the
8following topics for employees, supervisors, and managers:
9        (1)Topics required for employee training:
10            (A) Definition of sexual harassment and the 2 forms
11        it can take.
12            (B) Explanation of the harmful impact sexual
13        harassment can have on victims, businesses, and those
14        who harass.
15            (C) How to recognize conduct that is appropriate,
16        and that is not appropriate, for work.
17            (D) Explanation of when and how to report sexual
18        harassment.
19        (2) Topics required for supervisor and manager
20    training:
21            (A) Definition of sexual harassment and forms it
22        can take.
23            (B) Explanation of the harmful impact sexual
24        harassment can have on victims, businesses, and those
25        who harass.
26            (C) How to recognize conduct that is appropriate,



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1        and that is not appropriate, for work.
2            (D) Explanation of when and how to report sexual
3        harassment.
4            (E) Explanation of employer and manager liability
5        for reporting and addressing sexual harassment.
6            (F) Instruction on how to create a harassment-free
7        culture in the workplace.
8            (G) Explanation of how to investigate sexual
9        harassment claims in the workplace.
10    (c) Training programs must be specific to the restaurant or
11hospitality industry and include restaurant or hospitality
12related activities, images, or videos.
13    (d) Training must be available in English and Spanish.
14    (e) Training may be conducted by any means available,
15including, but not limited to, on-line, computer, classroom,
16live trainers, and remote trainers.
17    (f) The training shall be created and guided by an
18instructional design model and processes that follow generally
19accepted practices of the training and education industry.
20    (g) All employees shall receive training within 90 days
21after the effective date of this Act or within 30 days of
22employment and every 2 years thereafter.
23    (h) Upon request by the Department of Human Rights,
24employers shall provide proof of a sexual harassment policy and
25proof of training for all employees. The Department of Human
26Rights shall have rulemaking authority to enforce this Act and



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1may impose a civil penalty not to exceed $500 for the first
2violation and $1,000 for each subsequent violation.
3    Section 99. Effective date. This Act takes effect January
41, 2020.