Full Text of HB2544 101st General Assembly
HB2544 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. Sonya M. Harper
SYNOPSIS AS INTRODUCED:
Creates the Hotel Employee Safety Act. Provides that each hotel shall
equip an employee who is assigned to work in a guest room or restroom,
under circumstances where no other employee is present in the room, with a
panic button or notification device. Provides that the employee may use the
panic button 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.
Provides that the panic button or notification device shall be provided by
the hotel at no cost to the employee. Provides that each hotel shall
develop, maintain, and comply with a written anti-sexual harassment policy
containing specified content to protect employees against sexual assault
and sexual harassment by guests. Provides that each hotel shall provide all
employees with a current copy in English, Spanish, and Polish of the
hotel's anti-sexual harassment policy, and post the policy in English,
Spanish, and Polish in conspicuous places in areas of the hotel where
employees can reasonably be expected to see it. Provides that it is a
violation of the Act for a hotel to retaliate against an employee for
reasonably using a panic button or notification device; availing himself or
herself of certain anti-sexual harassment policy provisions; or
disclosing, reporting, or testifying about any violation of the Act or any
rule adopted under the Act. Provides that a complaint alleging a violation
shall be filed by the aggrieved party with the Department of Human Rights
no later than 180 days after the occurrence of the alleged violation and in
accordance with rules adopted by the Department. Provides that
investigations to enforce specified provisions of the Act shall be
conducted by the Department. Provides that a hotel that violates the Act or
any rule adopted under the Act shall be subject to a fine of not less than
$250 and not more than $500 for each offense. Makes a corresponding change
in the Illinois Human Rights Act.
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Employee Safety Act.
As used in this Act:
"Complaining employee" means an employee who has alleged an
instance of sexual assault and sexual harassment by a guest.
"Department" means the Department of Human Rights.
"Employee" means any natural person who works full time or
part time at a hotel for or under the direction of the hotel or
any subcontractor of the hotel for wages or salary or
remuneration of any type under a contract or subcontract of
employment, whether express or implied.
"Guest" means any invitee to a hotel, including a
registered guest, person occupying a guest room with a
registered guest, visitor invited to a guest room by a
registered guest or other occupant of a guest room, person
patronizing food or beverage facilities provided by the hotel,
or any other person whose presence at the hotel is permitted by
the hotel. "Guest" does not include an employee.
"Guest room" means any room made available by a hotel for
overnight occupancy by guests.
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"Hotel" means any building or buildings maintained,
advertised, and held out to the public to be a place where
lodging is offered for consideration to travelers and guests.
"Hotel" includes an inn, motel, tourist home or court, and
"Notification device" or "panic button" means a portable
emergency contact device that is designed so that an employee
can quickly and easily activate the button or device to
effectively summon to the employee's location prompt
assistance by a hotel security officer, manager, or other
appropriate hotel staff member designated by the hotel.
"Offending guest" means a guest a complaining employee has
alleged sexually assaulted and sexually harassed the
"Restroom" means any room equipped with toilets.
"Sexual harassment" means any unwelcome sexual advance,
request for sexual favors, or other verbal or physical conduct
of a sexual nature.
Hotels; panic buttons; anti-sexual harassment
(a) Each hotel shall equip an employee who is assigned to
work in a guest room or restroom, under circumstances where no
other employee is present in the room, with a panic button or
notification device. The employee may use the panic button or
notification device to summon help if the employee reasonably
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believes that an ongoing crime, sexual harassment, sexual
assault, or other emergency is occurring in the employee's
presence. The panic button or notification device shall be
provided by the hotel at no cost to the employee.
(b) Each hotel shall develop, maintain, and comply with a
written anti-sexual harassment policy to protect employees
against sexual assault and sexual harassment by guests. This
(1) encourage an employee to immediately report to the
hotel any instance of alleged sexual assault and sexual
harassment by a guest;
(2) describe the procedures that the complaining
employee and hotel shall follow in cases under paragraph
(3) instruct the complaining employee to cease work and
to leave the immediate area where danger is perceived until
hotel security personnel or police arrive to provide
(4) offer temporary work assignments to the
complaining employee during the duration of the offending
guest's stay at the hotel, this may include assigning the
complaining employee to work on a different floor or at a
different station or work area away from the offending
(5) provide the complaining employee with necessary
paid time off to:
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(A) sign a police complaint against the offending
(B) testify as a witness at any legal proceeding
that may ensue as a result of the complaint, if the
complaining employee is still in the hotel's employ 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 15
makes it illegal for an employer to retaliate against any
employee who: reasonably uses a panic button 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 shall provide all employees with a current copy
in English, Spanish, and Polish of the hotel's anti-sexual
harassment policy, and post the policy in English, Spanish, and
Polish in conspicuous places in areas of the hotel, such as
supply rooms or employee lunch rooms, where employees can
reasonably be expected to see it.
It is unlawful for a
hotel to retaliate against an employee for:
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(1) reasonably using a panic button or notification
(2) availing himself or herself of the provisions of
paragraph (3), (4), or (5) of subsection (b) of Section 10;
(3) disclosing, reporting, or testifying about any
violation of this Act or any rule adopted under this Act.
Any complaint alleging a violation of this Section shall be
filed by the aggrieved party with the Department no later than
180 days after the occurrence of the alleged violation and in
accordance with rules adopted by the Department.
Investigations to enforce the
provisions of Sections 10 and 15 shall be conducted by the
A hotel that violates this Act or
any rule adopted under this Act shall be subject to a fine of
not less than $250 and not more than $500 for each offense.
Each day that a violation continues shall constitute a separate
The Illinois Human Rights Act is amended by
changing Section 6-102 as follows:
(775 ILCS 5/6-102)
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Violations of other Acts.
A person who violates
the Section 11-117-12.2 of the Illinois Municipal Code, Section
224.05 of the Illinois Insurance Code, Section 8-201.5 of the
Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11,
and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of
the Interest Act, the Military Personnel Cellular Phone
Contract Termination Act, Section 405-272 of the Civil
Administrative Code of Illinois, Section 10-63 of the Illinois
Administrative Procedure Act, Sections 30.25 and 30.30 of the
Military Code of Illinois, Section 16 of the Landlord and
Tenant Act, Section 26.5 of the Retail Installment Sales Act,
Section 37 of the Motor Vehicle Leasing Act
, or Section 15
of the Hotel Employee Safety Act
commits a civil rights
violation within the meaning of this Act.
(Source: P.A. 100-1101, eff. 1-1-19