Full Text of HB1593 100th General Assembly
HB1593ham001 100TH GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 1593
| 2 | | AMENDMENT NO. ______. Amend House Bill 1593 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Hotel | 5 | | Employee 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 | 9 | | part time at a hotel for or under the direction of the hotel or | 10 | | any subcontractor of the hotel for wages or salary or | 11 | | remuneration of any type under a contract or subcontract of | 12 | | employment, whether express or implied. | 13 | | "Complaining employee" means an employee that has alleged | 14 | | an instance of sexual assault and sexual harassment by a guest.
| 15 | | "Guest" means any invitee to a hotel, including registered | 16 | | guests, persons occupying guest rooms with registered guests, |
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| 1 | | visitors invited to guest rooms by a registered guest or other | 2 | | occupant of a guest room, persons patronizing food or beverage | 3 | | facilities provided by the hotel, or any other person whose | 4 | | presence at the hotel is permitted by the hotel. "Guest" does | 5 | | not include employees. | 6 | | "Guest room" means any room made available by a hotel for | 7 | | overnight occupancy by guests. | 8 | | "Hotel" means any building or buildings maintained, | 9 | | advertised, and held out to the public to be a place where | 10 | | lodging is offered for consideration to travelers and guests. | 11 | | "Hotel" includes inns, motels, tourist homes or courts, and | 12 | | lodging houses. | 13 | | "Notification device" or "panic button" means a portable | 14 | | emergency contact device that is designed so that an employee | 15 | | can quickly and easily activate the button or device to | 16 | | effectively summon to the employee's location prompt | 17 | | assistance by a hotel security officer, manager, or other | 18 | | appropriate hotel staff member designated by the hotel. | 19 | | "Offending guest" means a guest a complaining employee has | 20 | | alleged sexually assaulted and sexually harassed the | 21 | | complaining employee. | 22 | | "Restroom" means any room equipped with toilets. | 23 | | "Sexual harassment" means any unwelcome sexual advance, | 24 | | request for sexual favors, or other verbal or physical conduct | 25 | | of a sexual nature.
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| 1 | | Section 10. Hotels; panic buttons; anti-sexual harassment | 2 | | policies. | 3 | | (a) Each hotel shall equip an employee who is assigned to | 4 | | work in a guest room or restroom, under circumstances where no | 5 | | other employee is present in the room, with a panic button or | 6 | | notification device. The employee may use the panic button or | 7 | | notification device to summon help if the employee reasonably | 8 | | believes that an ongoing crime, sexual harassment, sexual | 9 | | assault, or other emergency is occurring in the employee's | 10 | | presence. The panic button or notification device shall be | 11 | | provided by the hotel at no cost to the employee. | 12 | | (b) Each hotel shall develop, maintain, and comply with a | 13 | | written anti-sexual harassment policy to protect employees | 14 | | against sexual assault and sexual harassment by guests. This | 15 | | policy 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 | 26 | | in English, Spanish, and Polish of the hotel's anti-sexual |
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| 1 | | harassment policy, and post the policy in English, Spanish and | 2 | | Polish in conspicuous places in areas of the hotel, such as | 3 | | supply rooms or employee lunch rooms, where employees can | 4 | | reasonably be expected to see it. | 5 | | Section 15. Retaliation prohibited. It shall be unlawful | 6 | | for 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 | 15 | | filed by the aggrieved party with the Department no later than | 16 | | 180 days after the occurrence of the alleged violation and in | 17 | | accordance with rules adopted by the Department. | 18 | | Section 20. Investigations. Investigations to enforce the | 19 | | provisions of Sections 10 and 15 shall be conducted by the | 20 | | Department. | 21 | | Section 25. Penalties. A hotel that violates this Act or | 22 | | any rule adopted under this Act shall be subject to a fine of | 23 | | not less than $250 and not more than $500 for each offense. |
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| 1 | | Each day that a violation continues shall constitute a separate | 2 | | offense.
| 3 | | Section 90. The Illinois Human Rights Act is amended by | 4 | | changing Section 6-102 as follows: | 5 | | (775 ILCS 5/6-102) | 6 | | Sec. 6-102. Violations of other Acts. A person who violates | 7 | | the Military Leave of Absence Act, the Public Employee Armed | 8 | | Services Rights Act, Section 11-117-12.2 of the Illinois | 9 | | Municipal Code, Section 224.05 of the Illinois Insurance Code, | 10 | | Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1, | 11 | | 9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil | 12 | | Procedure, Section 4.05 of the Interest Act, the Military | 13 | | Personnel Cellular Phone Contract Termination Act, Section | 14 | | 405-272 of the Civil Administrative Code of Illinois, Section | 15 | | 10-63 of the Illinois Administrative Procedure Act, Sections | 16 | | 30.25 and 30.30 of the Military Code of Illinois, Section 16 of | 17 | | the Landlord and Tenant Act, Section 26.5 of the Retail | 18 | | Installment Sales Act, or Section 37 of the Motor Vehicle | 19 | | Leasing Act , or Section 15 of the Hotel Employee Safety Act | 20 | | commits a civil rights violation within the meaning of this | 21 | | Act.
| 22 | | (Source: P.A. 97-913, eff. 1-1-13.)".
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