SR 10-23-2018 10A
City Council
Report
City Council Meeting: October 23, 2018
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Karen Ginsberg, Director, Community & Cultural Services
Subject: Request from the Commission on the Status of Women regarding protections
for hotel workers
The Commission on the Status of Women recommends that the Council consider
legislation to protect hotel workers from sexual violence, unreasonable workloads, and
provide comprehensive education and training.
Prepared By: Elizabeth Scharetg, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. COSW CC Letter
B. Written Comments
(1t y of
Sa ■ta Me ■lea•
Commission on the Status of Women
1685 Main Street
PO BOX 2200
Santa Monica, CA 90401
Honorable Ted Winterer
Santa Monica City Council
1685 Main Street
Santa Monica, CA 90401
Dear Mayor Winterer and City Councilmembers :
September 13, 2018
The City of Santa Monica Commission on the Status of Women , by means of this letter, respectfully requests that City Counci l consider
introducing common sense legislation designed to protect hotel room attendants from all forms of sexual violence (harassment, abuse
and assault), and overly burdensome workloads , and implementation of education and training with regards to identification of human
trafficking . We ask that these workers (the majority of whom are women of color or immigrants) have protections in place to ensure that
they can perform their jobs without fear of any form of retaliation .
Within hotels nationwide , hotel workers and , in particular, women who work as housekeepers /room attendants are all too often
vulnerable to sexual violence by hotel guests. In addition , they are frequently assigned overly burdensome room cleaning quotas and
unexpected overtime, which have a serious impact on their ability to perform their work in a proper and thorough manner. As hotel
workers and hotel guests can come into contact with highly contagious and infectious diseases (including rhinovirus germs and
Legionnaire's disease), it is critical that rooms and public areas be cleaned , sanitized , and maintained to the highest standards
possible .
The Commission feels it is incumbent for the City to adopt legislation th at includes the following components to protect workers and
hotel guests alike :
• Protection for workers from all forms of sexual violence by providing panic buttons and other measures to enable workers to
report misconduct and remove themselves from dangerous situations with out fear of retaliation .
• Provisions to ensure workers are compensated fairly when they are required to perform unreasonable workloads and
protections against mandatory overtime .
• Required training for hotel housekeepers/room attendants to ensure that workers have the knowledge and skills to both
protect their own rig hts and safety, as well as their unique roles to help protect pub lic health and safety.
• Required education and training to identify potential instances of human trafficking , domestic violence , and sexual violence.
In ask ing City Council to introduce this common sense le gis lation , it is important to note that similar hotel health and safety laws and
initiatives have been implemented in cities such as Seattle, New York , Las Vegas and Chicago . Chicago and Eme ryville have also
passed laws addressi ng housekeeper workloads. With the support from UNITE HERE Local 11 and a number of community
organiza ti ons , similar reforms through ballot measures are being considered in Long Beach and Palos Verdes. Our request is that the
City of Santa Monica consider similar action. With these protections in place , Santa Monica will be able to take an important step to
further. ensure the everyday safety of women hotel workers and guests in our city.
Siniily,
l iPf.;;:
Chai r
City of Santa Monica Comm ission on the Status of Women
464 Lucas Ave., Suite 201 • Los Angeles, California 90017 • (213) 481-8530 • FAX (213) 481-0352
October 23, 2018
Honorable Mayor and Councilmembers
City of Santa Monica
1685 Main St.
Santa Monica, CA 90401
Re: Agenda Item No. 10, Request from the Commission on the Status of Women
regarding protections for hotel workers
Dear Mayor Winterer and Honorable City Councilmembers:
On behalf of UNITE HERE Local 11 and the 30,000 hospitality workers we represent
across southern California and Arizona, we urge you to support the Commission on the Status of
Women’s (“COSW”) recommendation, and pass common sense legislation to protect hotel
housekeepers from sexual assault and address overly burdensome workloads. This is a crucial
first step in the right direction to take action on the challenges women face in the hospitality
industry. Santa Monica has always led the region in progressive policymaking, and this action
should follow suit. The law should include protections for workers against threatening guest
conduct, including sexual assault, provisions to ensure workers are compensated fairly when
they are required to perform unreasonable workloads, and comprehensive training.
Hotel housekeepers (“room attendants”) face several challenges in the workplace,
including threatening conduct by hotel guests and overly burdensome workloads.
Because they work alone in guest rooms without witnesses or surveillance cameras, hotel
housekeepers are uniquely vulnerable to threatening conduct by hotel guests, including sexual
assault. According to a July 2016 survey of nearly 500 hospitality workers in Chicago, 49% of
housekeepers reported having had guests answer the door naked, expose themselves, or flash
them.1 Many instances of sexual assault and other threatening conduct go unreported. In the
same survey, only one third of hospitality workers reported that they had told their supervisor or
manager about their experiences. A report on this survey, including the results and methodology,
as well as another survey conducted in Seattle, are attached as Appendix A.
Room attendants are frequently assigned overly burdensome room cleaning quotas and
unexpected overtime. These practices not only interfere with workers’ ability to meet family and
personal obligations, but also undermine the public interest in ensuring that hotel room cleaners
can perform their work in a manner that adequately protects public health. Insufficiently cleaned
guest rooms can lead to increased spread of infectious diseases. A 2009 University of Virginia
1 “Hands Off, Pants On: Sexual Harassment in Chicago’s Hospitality Industry,” UNITE HERE LOCAL 1 (July 2016),
at 3, available at: https://www.handsoffpantson.org/wp-content/uploads/HandsOffReportWeb.pdf.
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study, for example, found rhinovirus germs on 50 percent of hotel door knobs and one third of
hotel telephones. Coffee makers, shower curtains and alarm clocks also tested positive for
rhinovirus.2 Similarly, Legionnaire’s disease, which may be spread through tainted water
supplies, often surfaces in hotels.3
The City of Santa Monica can begin to address these issues by passing legislation
that includes at least the following components to protect workers and hotel guests:
•Protections for workers against threatening guest conduct, including sexual assault, including
panic buttons and other measures to enable workers to report misconduct and remove
themselves from dangerous situations without fear of retaliation.
•Provisions to ensure that workers are compensated fairly when they are required to perform
unreasonable workloads and protections against excessive mandatory overtime.
•Required training for hotel room attendants to ensure both that workers have the knowledge
and skills necessary both to protect their own rights and safety as well to use their unique
roles to help protect public health and safety. Such training should include instruction on
best practices for cleaning to avoid the spread of disease and to identify potential instances of
human trafficking, domestic violence, and sexual violence.
Your decision to take action comes on the heels of the “#MeToo” and “#TimesUp”
movements that have encouraged women in the professional and entertainment industries to
come forward with their stories of sexual misconduct. Likewise, brave women in the hospitality
industry have come forward with their own stories, and called on their respective cities to take a
similar course of action to that of COSW’s recommendation. This year, UNITE HERE Local 11
and community organizations submitted signatures to enact similar reforms to those mentioned
above through a ballot measure in Rancho Palos Verdes and Long Beach. We encourage the
Santa Monica City Council to enact similar legislation through ordinance.
Sincerely,
Danielle Wilson
Research Analyst
UNITE HERE Local 11
2 Marily Marchione, “Study: Hotel Rooms Have Unseen Guest,” THE WASHINGTON POST (Sept. 29, 2009),
http://www.washingtonpost.com/wp-dyn/content/article/2006/09/29/AR2006092900683_pf.html.
3 “Legionnaires’ disease outbreak kills 2 at Chicago hotel,” CNN (Aug. 28, 2012),
http://www.cnn.com/2012/08/28/health/chicago-hotel-legionnaires-disease/index.html;
“Fatal Legionnaires' outbreak at Ludlow hotel,” BBC (Sept. 12, 2017), https://www.bbc.com/news/uk-england-
shropshire-41254946; “Data Shows Widespread Noncompliance with Law to Fight Legionnaires’ Disease,” WNYC
News (Jun. 5, 2018), https://www.wnyc.org/story/data-shows-widespread-noncompliance-law-fight-legionnaires-
disease; “Data Shows Widespread Noncompliance with Law to Fight Legionnaires’ Disease,” WNYC News (Jun. 5,
2018), https://www.wnyc.org/story/data-shows-widespread-noncompliance-law-fight-legionnaires-disease.
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Appendix A
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A REPORT BY UNITE HERE LOCAL 1
HANDS OFF
PANTS ON
SEXUAL HARASSMENT IN
CHICAGO’S HOSPITALITY
INDUSTRY
JULY 2016
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HANDS OFF
PANTS ON
Sexual harassment in Chicago’s hospitality industry
A report by UNITE HERE Local 1
A housekeeper in an upscale hotel in downtown Chicago pushes her
heavy cart down the hall towards her first room of the day. She is the only
housekeeper in that wing of the hotel floor. The hallway is quiet as most of
the guests have left for the day. The carpeted hallway muffles the sounds
of the last few guests leaving for their business meetings or to tour the
city’s attractions. She stops the cart near the hotel room door and knocks.
“Housekeeping!” she says in a loud, clear voice. No answer. She knocks
again. She is about to knock a third time when the door opens. The man is
wearing a robe, but the robe is open. He is completely naked underneath.
This scenario is disturbingly common. In a first-of-its-kind survey of women working in the Chicago hospitality
industry, 49% of housekeepers reported having had guest(s) answer the door naked, expose themselves, or
flash them.
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Introduction Chicago
The leisure and hospitality industry employed over 7
million women in the United States in 2015. Women
make up the majority of the hospitality workforce,1
many of whom are women of color. The social and
economic status of the male guests who frequent
hotels, casinos and convention centers often contrasts
sharply with that of the women who work there. This
creates a power dynamic ripe for abuse.
Last year, a national women’s magazine surveyed
2,235 full-time and part-time female employees and
found that one in three respondents had experienced
sexual harassment at work.2 The survey also found
that 42% of women surveyed in the food service and
hospitality industry reported sexual harassment, the
highest of any field.
In order to better understand the experience of
women working in Chicagoland hotels and casinos,
UNITE HERE Local 1, Chicago’s hospitality workers
union, pioneered a program to survey nearly 500
women. The study reveals that the women who work
in Chicagoland hotels and casinos face a high level of
sexual harassment, mainly from male guests: 58% of
hotel workers and 77% of casino workers surveyed
have been sexually harassed by a guest. The details
of the women’s individual stories are shocking but the
frequency and widespread nature of indecent guest
behavior is equally alarming. This report details the
survey findings and outlines proposed changes in
local and state laws to address the serious issue of
sexual harassment in Chicago’s hospitality industry.
“I do not feel safe because of the things that I have
encountered. One guest was masturbating. I felt very afraid.”
—Hotel housekeeper
Women in Chicago’s hospitality industry face high levels
of sexual harassment, compared to survey results from
national women’s magazine.
70%
60%
50%
40%
30%
20%
10%
0%
National Women’s Magazine
Survey: Women respondents who
had been sexually harassed at
work
National Women’s Magazine
Survey: Women respondents in
food service/hospitality industry
who had been sexually harassed
at work
Chicago Survey: Women surveyed
in hotels and casinos who have
been sexually harassed at work by
a guest
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Chicago housekeepers report:
No pants. No respect. Big problem.
The survey asked women about a variety of guest behaviors, all of which constitute sexual harassment. 58% of
hotel workers surveyed experienced at least one of the following guest behaviors:
• Guest was naked when they answered the
door, exposed themselves, or flashed her
• Guest leaned over or cornered her in an
unwelcome way
• Guest touched or tried to touch her in an
unwelcome way (like kissing, grabbing,
pinching, patting, groping for example)
• Guest pressured her for a date or sexual favors
• Guest showed a sexual picture, text or other
material that she did not want to see
• Guest made an unwelcome sexual
comment, joke or question to or about her
• Guest gave unwanted sexually suggestive
looks or gestures
• Guest made other unwanted sexual advances,
requests for sexual favors, or verbal or
physical harassment of a sexual nature
Women in Chicago hotels experience a range of indecent
behaviors by guests
Naked when they answered the door,
exposed themselves, or flashed her
0% 5% 10% 15% 20% 25% 30% 40% 50% 45%35%
Unwanted sexually suggestive
looks or gestures
Unwelcome sexual comment,
joke or question
Leaned over or cornered
Pressured for a date or sexual favors
Showed a sexual picture, text
or other material
Touched or tried to touch her (kissing,
grabbing, pinching, patting, groping)
Other unwanted sexual
advances or harassment
Based on survey of 381 hotel workers conducted in the Chicagoland area in April 2016
“He was completely naked, standing between the bed and the desk.
He asked me for shampoo. I had to jump over the beds in order to get
to the door and leave the room.” —Hotel housekeeper
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Almost half of housekeepers surveyed (49%) have
had a guest be naked when they answered the door,
expose themselves, or flash them. “I knocked on
the guest door. I announced myself and the guest
answered, ‘Come in.’ I opened the door and he was
naked. It was horrible,” said a housekeeper.
This statistic does not adequately capture the
frightening nature of some of these encounters.
A number of housekeepers have witnessed guests
masturbating. One guest grabbed a housekeeper’s
breasts and cornered her between the beds. Yet
another blocked a housekeeper’s exit to the room with
his naked body.
An experience of sexual harassment can be traumatic
and have a lasting impact on a woman’s sense of
security: Among the hotel workers surveyed who
had been harassed by a guest, over half (56%) of
women said they did not feel safe returning to work
after the incident.
For Chicagoland casino workers, getting grabbed
by guests is commonplace.
49% of housekeepers
have had guest(s)
answer the door naked,
expose themselves or
flash them.
Casinos can be a particularly toxic environment for
the women working there. 77% of casino workers
surveyed had been sexually harassed by a guest.
Casino cocktail servers are much more likely to have
a guest touch or grab them while they work. 65% of
casino cocktail servers surveyed have had a guest
touch them or try to touch them in an unwelcome
way. They are particularly vulnerable as they are
required to walk the casino floor amongst the guests,
often hidden between rows of slot machines, as they
take orders and deliver drinks. Women described
being grabbed or patted as they walk by. One woman
said a guest tried to put a chip between her breasts.
Among hospitality workers surveyed, women who
work as casino waitresses, cocktail servers, bartenders,
and hostesses were most likely to have experienced
verbal sexual harassment from guests. 78% of women
surveyed who serve guests in food and beverage
outlets at casinos have had a guest make an
unwelcome sexual comment, joke or question to or
about them. One cocktail server who had only been
at the casino for a few months described the following
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experience: “He kept asking for my number. I kept
telling him I had a boyfriend and he didn’t care. He
kept following me from floor to floor.”
For some women, this happens more frequently:
38% of casino cocktail servers surveyed said they
have been verbally harassed by guests 10 times or
more. One bartender recalled a number of a guest
comments- a guest asked if her hair, which was red
at the time, was “the same as the hair down there.”
Another guest asked her, “If I give you a tip, what will
you do for me?”
“A guest wrapped his arm around my waist and across my buttocks
and said, ‘You know I would be cheating on my wife for you, but I
think you will be worth it.’” —Casino cocktail server
65% of casino
cocktail servers
have had a guest
touch them or try
to touch them
Women working in Chicagoland casinos have been
grabbed, followed and cornered by guests
70%
60%
505
40%
30%
20%
10%
0%Unwanted
sexually
suggestive
looks or
gestures
Unwelcome
sexual
comment,
joke or
question
Leaned
over or
cornered
Followed
her (like to
the parking
lot after her
shift)
Pressured
for a date
or sexual
favors
Showed
a sexual
picture,
text
or other
material
Touched or
tried to touch
her (kissing,
grabbing,
pinching, patting,
groping)
Other
unwanted
sexual
advances or
harassment
Based on survey of 78 casino workers conducted in Chicagoland in April 2016
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When hospitality workers are sexually harassed
by guests, it often goes unreported.
A significant number of women who experience
sexual harassment do not come forward to report it.
Of the hospitality workers surveyed, only 33% said
they told their supervisor or manager when a guest
sexually harassed them. The most common reasons
given for not reporting related to a belief that little can
be done to address indecent guest behavior.
Of the hotel workers surveyed who said they never or
sometimes report a guest’s harassment, 43% said they
knew someone who reported sexual harassment and
nothing changed.
Of the casino workers surveyed who said they never
or sometimes report a guest’s harassment, 24% said
they thought there is nothing they or anyone can do
about it.
A casino cocktail server described this situation:
“A guest placed a tip on the counter then
stated he wanted to ‘put the tip on my ass.’ I
refused and he took the tip back. I was going
to tell management but I didn’t because if
he was going to be able to come back, what
would stop him from aggressive acts in the
future? He looked like he didn’t care about
life.”
One hotel worker who was harassed said, “I told my
supervisor two days later because I was embarrassed
and afraid they were going to tell me it was my fault.”
Some women explained that they chose not to report
some sexual harassment because inappropriate guest
behavior is so frequent and widespread, it “feels normal”
or they had become “immune” to it. The sense among
some women that this behavior is commonplace
does not mean that they are unaffected by it: 51%
of hospitality workers surveyed reported feeling
uncomfortable because of something a guest did or
said.
A reticence to come forward may be related to scarcity
of training on the subject. Just 19% of hospitality
workers surveyed said they had received training
from their employer on how to deal with sexual
harassment by guests.
For hospitality workers who did report sexual
harassment by a guest to their manager or supervisor,
only 38% of women surveyed said they always felt
satisfied with their response.
“I told my supervisor two days later because I was embarrassed and
afraid they were going to tell me it was my fault.” —Hotel housekeeper
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HANDS OFF
Employers shall be required to ban guests who have
sexually harassed an employee. The existence of real
consequences for inappropriate guests may change
some women’s belief that “there is nothing I or anyone
can do” about sexual harassment from guests. This may
help empower more women to come forward to report
incidences of harassment. 90% of hospitality workers
surveyed said they would feel more comfortable
reporting a guest’s sexual harassment if their
employer was required to ban guests who sexually
harass employees.
PANTS ON
Employers shall be required to provide panic
buttons to any employee who works alone in rooms
without other employees present (like guest rooms
or bathrooms). For example, a housekeeper who is
being harassed by a guest inside the room could use
the panic button to immediately summon security
personnel.
96% of housekeepers surveyed said they would feel
safer if they were equipped with a panic button.
Even women who had not been harassed by a guest
said they would feel safer with a panic button. Many
had heard stories of co-workers being harassed and
were very aware of the risk that their job poses.
Proposed changes in local and state laws
The following proposed changes in law should be adopted at both the state and local level: A state law to protect
casino workers and a city ordinance to protect hotel workers.
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About the Survey
UNITE HERE Local 1 embarked on this survey project after a young waitress experienced grotesque sexual
harassment by a male guest at Neil Bluhm’s Rivers Casino (“Rivers”). As a response to the incident at Rivers,
the union began the #ComeForward campaign to challenge the culture that silences women exposed to sexual
harassment, to encourage women to tell their own stories, and shed light on the inherent risks for women
working in the hospitality industry.
While national statistics indicate that the hospitality industry has the highest incidence of sexual harassment,
UNITE HERE Local 1 sought to understand the experience of its women members. A survey tool was
developed to gain a broader understanding of the extent to which women in Chicago’s hospitality industry
experience sexual harassment from guests. The union also wanted to learn from women themselves what might
make them feel safer on the job.
The union surveyed 487 women at thirteen Chicagoland hotels, three casinos and one convention center. At the
time of the survey, all the women were hospitality employees, working as housekeepers, bartenders, waitresses,
cocktail servers, among other job classifications. The surveys were conducted by a team of five UNITE HERE
Local 1 women leaders, all of whom work in Chicago hotels and casinos.
Sarah Lyons
Tel: 312-385-0603
slyons@unitehere.org
UNITE HERE Local 1
218 S Wabash Ave
Suite 700
Chicago, IL 60604
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Endnotes
1 Bureau of Labor Statistics, Household Data Annual Averages, “Employed persons by detailed industry, sex, race, and Hispanic or
Latino ethnicity,” 10 Feb 2016. http://www.bls.gov/cps/cpsaat18.htm
2 Vagianos, Alanna. “1 In 3 Women Has Been Sexually Harassed At Work, According To Survey.” The Huffington Post. TheHuff-
ingtonPost.com, 19 Feb. 2015. Web. 26 May 2016. http://www.huffingtonpost.com/2015/02/19/1-in-3-women-sexually-ha-
rassed-work-cosmopolitan_n_6713814.html
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UNITEHERE!
UNITE HERE Local 1
218 S Wabash Ave Suite 700
Chicago, IL 60604
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Vernice Hankins
From:Paul Rosenstein <paulrosenstein@me.com>
Sent:Tuesday, October 23, 2018 2:09 PM
To:councilmtgitems; Council Mailbox; Kevin McKeown Fwd; Pam OConnor; Terry O’Day;
Tony Vazquez; Ted Winterer; Gleam Davis; Sue Himmelrich; Councilmember Kevin
McKeown; Gleam Davis; councilmtgitems
Subject:Agenda Item 10: Protection for Hotel Workers
Councilmembers - Protecting the health and safety of people is a basic responsibility of government. In Santa
Monica, we usually think of this as a duty to our residents. Actually, this obligation pertains to all people in
SM. Our police and firefighters protect everyone in our city whether they are residents, visitors or workers.
I urge the Council to adopt the recommendations of the Commission on the Status of Women. Thank you.
Paul Rosenstein
1-310-430-2475
PaulRosenstein@me.com
1
Vernice Hankins
From:Council Mailbox
Sent:Tuesday, October 23, 2018 2:30 PM
To:Ted Winterer; Gleam Davis; Pam OConnor; Sue Himmelrich; Terry O’Day;
Councilmember Kevin McKeown; Tony Vazquez
Cc:councilmtgitems; Rick Cole; Katie E. Lichtig; Anuj Gupta; Danielle Noble; Elizabeth
Scharetg
Subject:FW: Concerns re: transparency on Agenda Item #10
Council‐
Please see the below email regarding the proposed hotel worker protections on tonight’s agenda.
Thank you,
Stephanie
From: Charlyce Bozzello [mailto:bozzello@unionfacts.com]
Sent: Tuesday, October 23, 2018 1:56 PM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: Concerns re: transparency on Agenda Item #10
Dear Councilmembers,
Based on documents received by the Center for Union Facts (CUF) through the California Public Records Act,
it appears the City Council and the Commission on the Status of Women (COSW) have worked with Unite
Here Local 11 to obscure public visibility of a new proposed mandate.
CUF obtained emails between Local 11 and the COSW on the topic of legislation for hotel housekeeper
protections. These emails show that the City Council asked Local 11 to work with the COSW to initiate
recommendations for legislation on this topic. In one email, Commissioner Madeleine Brand relays that
Danielle Wilson from Local 11 “shared that City Council has asked that they [Local 11] work quickly to get
something to them requesting they take action on the issues outlined in the document [provided by Local
11].” (Full email available here.)
This is concerning in and of itself, as it suggests the scope of the recommendations were a foregone
conclusion. Even more concerning is that the COSW copied its recommendation language directly from Local
11--even using the union's suggested "common sense" phrase to describe the proposal. The COSW’s request
and the union memo from which portions of the request are copied can be seen here and here.
The lack of scrutiny is particularly concerning given that, in other locales, the same union has been caught
exaggerating statistics to advance similar legislation, and has proposed exempting its own represented
employees from the laws' requirements.
If transparency is truly of value of the City Council, the "unusual route" that this proposal took to the Council
agenda is reason for concern.
Sincerely,
Charlyce Bozzello
Center for Union Facts
2
(202) 463-7106
1
Vernice Hankins
From:Council Mailbox
Sent:Tuesday, October 23, 2018 4:04 PM
To:Ted Winterer; Gleam Davis; Pam OConnor; Sue Himmelrich; Terry O’Day;
Councilmember Kevin McKeown; Tony Vazquez
Cc:councilmtgitems
Subject:FW: Stand With Women Against Abuse!
Council‐
Please see the below email regarding the proposed hotel worker protections on tonight’s agenda.
Thank you,
Stephanie
From: Cathie Gentile [mailto:cathiegentile@verizon.net]
Sent: Tuesday, October 23, 2018 3:26 PM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: Stand With Women Against Abuse!
Dear Santa Monica City Council,
I am a member of the Santa Monica community and I am writing to let you know that I stand with women
against abuse. Tonight you will have the opportunity to pass an ordinance that will provide protections for
women workers in the hospitality industry from abuse in the workplace. This legislation protects hotel workers
from sexual violence, unreasonable workloads, and provides needed comprehensive education and training. In
this season of our nation, we have the opportunity to stand with women and create comprehensive change for
women in the workplace. Please pass it today.
I stand with women,
Catherine M. Gentile