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Panic Buttons and Protections: Hotel and Casino Safety Laws
Workers in hotels and casinos often face unique safety risks and higher levels of sexual harassment. Because these employees frequently perform duties alone in guest rooms, restrooms, and on the casino floor, they are vulnerable to sexual assault, harassment, and other threats. Illinois was one of the first states to recognize this fact, enacting the Hotel and Casino Employee Safety Act (820 ILCS 325).
This Act mandates protections and reporting procedures for hospitality workers. The industry itself often prioritizes customer experience, leading to a culture where sexual harassment is normalized and employees feel pressure to "deal with it." Most surveys show that a high percentage of hotel and casino workers have experienced sexual harassment from guests, managers, co-workers, or all three.
In fact, while the numbers differ from one survey to another, it is estimated that between 58 and 77 percent of hotel and casino workers have experienced some level of sexual harassment. If you are a hotel or casino worker who is dealing with sexual harassment, the best step you can take is to speak to an experienced Wheaton, IL sexual harassment lawyer.
What Does the Hotel and Casino Employee Safety Act Do?
The Act is effective in phases, although the major provisions took place on March 1, 2021. It applies to all hotels and casinos in the state, regardless of size. A "covered employee" includes any full-time, part-time, or subcontracted workers who are under the direction or control of the hotel or casino employer. Guests are any invitees to the hotel or casino, including those in guest rooms, patrons of food, casino, and beverage facilities, and registered guests.
Each hotel or casino must equip employees (at no cost to the employee) working alone in a guest room, restroom, or on the casino floor with a safety or notification device. An employee who has a reasonable belief that an ongoing crime, sexual assault, sexual harassment, or any other type of emergency is occurring to him or her in or his or her presence, the "panic button" device should be used.
Written Sexual Harassment Policies Are Required
All hotels and casinos must adopt and maintain a written anti-sexual harassment/assault policy that encourages employees to report sexual assault and harassment immediately and describes clear procedures for how the complaint is handled. Employees may stop work and leave the immediate area if sexually harassed or assaulted until security or police arrive. If a guest is the sexual harasser, the worker should be temporarily reassigned until the guest is gone.
If the employee needs to file a police report, criminal complaint, or testify in judicial proceedings related to the sexual harassment or assault, the hotel or casino must provide paid time off. Employees must be given a written copy in English and Spanish of the protections they are entitled to when facing sexual harassment or assault in the workplace.
What Employees Must Do Before Filing a Lawsuit for Sexual Harassment
Before a hotel or casino employee can file a lawsuit for sexual harassment or assault, the hotel or casino must be provided with notification in writing of the alleged violation, allowing the employer 15 calendar days to provide a remedy. If no remedy is provided by the employer or the remedy is insufficient, the employee may file a lawsuit in the circuit court in the county where the casino or hotel is located.
What Remedies Are Available to Employees Under the Act?
An employee may seek injunctions, reinstatement, and compensatory damages; however, damages are capped at $350 per violation. Each day that a violation continues counts as a separate violation. An employee with a successful claim is also entitled to attorney’s fees and costs and is protected from retaliation from an employer.
Contact a DuPage County, IL Sexual Harassment Lawyer
If you are an employee of a hotel or casino and have experienced sexual harassment or sexual assault, you must speak to a highly skilled Wheaton, IL sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. MKFM Law will always go the extra mile for our clients, ensuring they receive comprehensive legal representation. Call 630-665-7300 to schedule your initial attorney meeting.