To provide hospitality workers greater protections against sexual harassment and assault, the Chicago City Council has passed the “Hands Off Pants On” "Ordinance". The Ordinance requires all hotels in the City to adopt a panic button system and an anti-sexual harassment policy.
Panic Button
The Ordinance (revising Section 4-6-180 of the Chicago Municipal Code) requires hotels in Chicago to equip all employees who work alone in guest rooms or restrooms with a “panic button” or other notification device. The device must be designed to alert and summon hotel security or management for help in the event the employee reasonably believes that an ongoing crime, sexual harassment, sexual assault, or other emergency is occurring in the employee’s presence.
These portable panic buttons or other notification devices must be provided at no cost to covered employees by July 1, 2018.
The Ordinance states that the “panic button” must be a “portable emergency contact device” which allows employees to quickly and easily summon prompt assistance from a hotel security officer, manager, or other appropriate hotel staff member to the employee’s location.
As part of implementing these new “panic button” systems, employers should be prepared to provide training to employees regarding how to use the devices and respond to alerts.
Anti-Sexual Harassment Policy
The “Hands Off Pants On” Ordinance also requires that all Chicago hotels develop, maintain, and comply with a written anti-sexual harassment policy designed to protect employees against sexual assault and sexual harassment by hotel guests. The policy must:
- Encourage employees to immediately report instances of alleged sexual assault and sexual harassment by guests;
- Describe the procedures that the employee and the hotel will follow in response to such reports;
- Instruct employees to stop working and immediately leave the area of the perceived danger until hotel security or the police arrive to provide assistance;
- Offer temporary work assignments to the complaining employee for the duration of the offending guest’s stay at the hotel;
- Provide employees with paid time off to file any appropriate police reports or testify as a witness in any legal proceedings arising from the incident;
- Inform employees that the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, and the Chicago Human Rights Ordinance provide additional protections against sexual harassment in the workplace; and
- Inform employees that they will not be retaliated against for reasonably using a panic button or notification device.
Chicago hotels must comply with the Ordinance’s policy requirements by January 7, 2018.
Anti-Retaliation; Enforcement
It is unlawful for hotels to retaliate against employees for reasonably using a panic button or notification device, or otherwise disclosing, reporting, or testifying about any violation of the Ordinance.
Hotels found to have committed two or more violations of the Ordinance in any 12-month period are subject to having their license suspended or revoked by the City. Additionally, hotels may face between $250 and $500 in daily fines for each violation of the Ordinance.
Coverage: Employers with hotel employees working in Chicago.
Effective: The policy requirements have already taken effect, and employers must provide portable panic buttons by July 1, 2018.
Action Required: If you are an affected employer, you should familiarize yourself with the requirements of Chicago’s Ordinance and ensure compliance with the Ordinance.
As always, please be sure to contact your HR Business Partner if you have any questions.
* Produced in cooperation with Jackson Lewis P.C.
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