775 ILCS 5/2-110

Current through Public Act 103-1052

Section 775 ILCS 5/2-110 - Restaurants and bars; sexual harassment prevention

(A) As used in this Section:

"Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises, including, but not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

"Manager" means a person responsible for the hiring and firing of employees, including, but not limited to, a general manager, owner, head chef, or other non-tipped employee with duties managing the operation, inventory, safety, and personnel of a restaurant or bar.

"Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption, including, but not limited to, restaurants, coffee shops, cafeterias, and sandwich stands that give or offer for sale food to the public, guests, or employees, and kitchen or catering facilities in which food is prepared on the premises for serving elsewhere.

(B) Every restaurant and bar operating in this State must have a sexual harassment policy provided to all employees, in writing, within the first calendar week of the employee's employment. The policy shall include:

(1) a prohibition on sexual harassment;

(2) the definition of sexual harassment under the Illinois Human Rights Act and Title VII of the Civil Rights Act of 1964;

(3) details on how an individual can report an allegation of sexual harassment internally, including options for making a confidential report to a manager, owner, corporate headquarters, human resources department, or other internal reporting mechanism that may be available;

(4) an explanation of the internal complaint process available to employees;

(5) how to contact and file a charge with the Illinois Department of Human Rights and United States Equal Employment Opportunity Commission;

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

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

The policy shall be made available in English and Spanish.

(C) In addition to the model sexual harassment prevention training program produced by the Department in Section 2-109, the Department shall develop a supplemental model training program in consultation with industry professionals specifically aimed at the prevention of sexual harassment in the restaurant and bar industry. The supplemental model program shall be made available to all restaurants and bars and the public online at no cost. The training shall include:

(1) specific conduct, activities, or videos related to the restaurant or bar industry;

(2) an explanation of manager liability and responsibility under the law; and

(3) English and Spanish language options.

(D) Every restaurant and bar that is an employer under this Act shall use the supplemental model training program or establish its own supplemental model training program that equals or exceeds the requirements of subsection (C). The supplemental training program shall be provided at least once a year to all employees, regardless of employment classification. For the purposes of satisfying the requirements under this Section, this supplemental training may be done in conjunction or at the same time as any training that complies with Section 2-109.

(E) If a restaurant or bar that is an employer under this Act violates this Section 2-110, the Department shall issue a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, the Department shall petition the Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights Training and Development Fund.

775 ILCS 5/2-110

Added by P.A. 101-0221,§ 2-15, eff. 1/1/2020.