HB3351 101ST GENERAL ASSEMBLY

LRB101 09350 JLS 56436 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3351

Introduced , by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Restaurant Anti-Harassment Act.

Section 5. Definition. In this Act, "Employee" includes any individual performing services for remuneration within this State for an employer. "Employee" also includes an unpaid intern or apprentice and those employees with supervisory responsibilities.

Section 10. Sexual harassment policy required.

(a) Every restaurant must have a sexual harassment policy. The policy shall include:

(1) a prohibition on sexual harassment;

(2) the definition of sexual harassment under applicable State and federal law;

(3) examples of prohibited conduct that would constitute unlawful sexual harassment;

(4) the internal complaint process of the employer available to the employee;

(5) the legal remedies and complaint process through the Department of Human Rights;

(6) a prohibition on retaliation for reporting sexual harassment allegations; and

(7) a requirement that all employees participate in sexual harassment training.

(b) Every restaurant shall provide sexual harassment training to all employees, regardless of employment classification. The training shall include, at a minimum, the following topics for employees, supervisors, and managers:

(1)Topics required for employee training:

(A) Definition of sexual harassment and the 2 forms it can take.

(B) Explanation of the harmful impact sexual harassment can have on victims, businesses, and those who harass.

(C) How to recognize conduct that is appropriate, and that is not appropriate, for work.

(D) Explanation of when and how to report sexual harassment.

(2) Topics required for supervisor and manager training:

(A) Definition of sexual harassment and forms it can take.

(B) Explanation of the harmful impact sexual harassment can have on victims, businesses, and those who harass.

(C) How to recognize conduct that is appropriate, and that is not appropriate, for work.

(D) Explanation of when and how to report sexual harassment.

(E) Explanation of employer and manager liability for reporting and addressing sexual harassment.

(F) Instruction on how to create a harassment-free culture in the workplace.

(G) Explanation of how to investigate sexual harassment claims in the workplace.

(c) Training programs must be specific to the restaurant or hospitality industry and include restaurant or hospitality related activities, images, or videos.

(d) Training must be available in English and Spanish.

(e) Training may be conducted by any means available, including, but not limited to, on-line, computer, classroom, live trainers, and remote trainers.

(f) The training shall be created and guided by an instructional design model and processes that follow generally accepted practices of the training and education industry.

(g) All employees shall receive training within 90 days after the effective date of this Act or within 30 days of employment and every 2 years thereafter.

(h) Upon request by the Department of Human Rights, employers shall provide proof of a sexual harassment policy and proof of training for all employees. The Department of Human Rights shall have rulemaking authority to enforce this Act and may impose a civil penalty not to exceed $500 for the first violation and $1,000 for each subsequent violation.

Section 99. Effective date. This Act takes effect January 1, 2020.