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To provide hospitality workers greater protections against sexual harassment and assault, the Chicago City Council passed the "Hands Off Pants On" ordinance on Oct. 11. The ordinance requires all hotels in the city to adopt a panic button system and an anti-sexual harassment policy. The ordinance was passed after months of lobbying efforts by local hospitality workers.
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:
Chicago hotels must comply with the ordinance's policy requirement by Jan. 7, 2018.
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. Employees can file complaints alleging violations of the ordinance with the Chicago Commission on Human Relations.
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.
Jody Kahn Mason is an attorney with Jackson Lewis in Chicago. © Jackson Lewis. All rights reserved. Reposted with permission.
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