Illinois General Assembly - Full Text of HB1593
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Full Text of HB1593  100th General Assembly


Rep. Sonya M. Harper

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 1593 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Hotel
5Employee Safety Act.
6    Section 5. Definitions. As used in this Act:
7    "Department" means the Department of Human Rights.
8    "Employee" means any natural person who works full time or
9part time at a hotel for or under the direction of the hotel or
10any subcontractor of the hotel for wages or salary or
11remuneration of any type under a contract or subcontract of
12employment, whether express or implied.
13    "Complaining employee" means an employee that has alleged
14an instance of sexual assault and sexual harassment by a guest.
15    "Guest" means any invitee to a hotel, including registered
16guests, persons occupying guest rooms with registered guests,



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1visitors invited to guest rooms by a registered guest or other
2occupant of a guest room, persons patronizing food or beverage
3facilities provided by the hotel, or any other person whose
4presence at the hotel is permitted by the hotel. "Guest" does
5not include employees.
6    "Guest room" means any room made available by a hotel for
7overnight occupancy by guests.
8    "Hotel" means any building or buildings maintained,
9advertised, and held out to the public to be a place where
10lodging is offered for consideration to travelers and guests.
11"Hotel" includes inns, motels, tourist homes or courts, and
12lodging houses.
13    "Notification device" or "panic button" means a portable
14emergency contact device that is designed so that an employee
15can quickly and easily activate the button or device to
16effectively summon to the employee's location prompt
17assistance by a hotel security officer, manager, or other
18appropriate hotel staff member designated by the hotel.
19    "Offending guest" means a guest a complaining employee has
20alleged sexually assaulted and sexually harassed the
21complaining employee.
22    "Restroom" means any room equipped with toilets.
23    "Sexual harassment" means any unwelcome sexual advance,
24request for sexual favors, or other verbal or physical conduct
25of a sexual nature.



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1    Section 10. Hotels; panic buttons; anti-sexual harassment
3    (a) Each hotel shall equip an employee who is assigned to
4work in a guest room or restroom, under circumstances where no
5other employee is present in the room, with a panic button or
6notification device. The employee may use the panic button or
7notification device to summon help if the employee reasonably
8believes that an ongoing crime, sexual harassment, sexual
9assault, or other emergency is occurring in the employee's
10presence. The panic button or notification device shall be
11provided by the hotel at no cost to the employee.
12    (b) Each hotel shall develop, maintain, and comply with a
13written anti-sexual harassment policy to protect employees
14against sexual assault and sexual harassment by guests. This
15policy shall:
16        (1) encourage an employee to immediately report to the
17    hotel any instance of alleged sexual assault and sexual
18    harassment by a guest;
19        (2) describe the procedures that the complaining
20    employee and hotel shall follow in cases under paragraph
21    (1);
22        (3) instruct the complaining employee to cease work and
23    to leave the immediate area where danger is perceived until
24    hotel security personnel or police arrive to provide
25    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, this may include assigning the
3    complaining employee to work on a different floor or at a
4    different station or work area away from the offending
5    guest;
6        (5) provide the complaining employee with necessary
7    paid time off to:
8            (A) sign a police complaint against the offending
9        guest; and
10            (B) testify as a witness at any legal proceeding
11        that may ensue as a result of the complaint, if the
12        complaining employee is still in the hotel's employ at
13        the time the legal proceeding occurs;
14        (6) inform the complaining employee that the Illinois
15    Human Rights Act and Title VII of the Civil Rights Act of
16    1964 provide additional protections against sexual
17    harassment in the workplace; and
18        (7) inform the complaining employee that Section 15
19    makes it illegal for an employer to retaliate against any
20    employee who reasonably uses a panic button or notification
21    device; in good faith avails himself or herself of the
22    requirements set forth in paragraph (3), (4), or (5); or
23    discloses, reports, or testifies about any violation of
24    this Act or rules adopted under this Act.
25    Each hotel shall provide all employees with a current copy
26in English, Spanish, and Polish of the hotel's anti-sexual



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1harassment policy, and post the policy in English, Spanish and
2Polish in conspicuous places in areas of the hotel, such as
3supply rooms or employee lunch rooms, where employees can
4reasonably be expected to see it.
5    Section 15. Retaliation prohibited. It shall be unlawful
6for a hotel to retaliate against an employee for:
7        (1) reasonably using a panic button or notification
8    device;
9        (2) availing himself or herself of the provisions of
10    paragraph (3), (4), or (5) of subsection (b) of Section 10;
11    or
12        (3) disclosing, reporting, or testifying about any
13    violation of this Act or any rule adopted under this Act.
14    Any complaint alleging a violation of this Section shall be
15filed by the aggrieved party with the Department no later than
16180 days after the occurrence of the alleged violation and in
17accordance with rules adopted by the Department.
18    Section 20. Investigations. Investigations to enforce the
19provisions of Sections 10 and 15 shall be conducted by the
21    Section 25. Penalties. A hotel that violates this Act or
22any rule adopted under this Act shall be subject to a fine of
23not less than $250 and not more than $500 for each offense.



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1Each day that a violation continues shall constitute a separate
3    Section 90. The Illinois Human Rights Act is amended by
4changing Section 6-102 as follows:
5    (775 ILCS 5/6-102)
6    Sec. 6-102. Violations of other Acts. A person who violates
7the Military Leave of Absence Act, the Public Employee Armed
8Services Rights Act, Section 11-117-12.2 of the Illinois
9Municipal Code, Section 224.05 of the Illinois Insurance Code,
10Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1,
119-107.10, 9-107.11, and 15-1501.6 of the Code of Civil
12Procedure, Section 4.05 of the Interest Act, the Military
13Personnel Cellular Phone Contract Termination Act, Section
14405-272 of the Civil Administrative Code of Illinois, Section
1510-63 of the Illinois Administrative Procedure Act, Sections
1630.25 and 30.30 of the Military Code of Illinois, Section 16 of
17the Landlord and Tenant Act, Section 26.5 of the Retail
18Installment Sales Act, or Section 37 of the Motor Vehicle
19Leasing Act, or Section 15 of the Hotel Employee Safety Act
20commits a civil rights violation within the meaning of this
22(Source: P.A. 97-913, eff. 1-1-13.)".