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Rauner vetoes bill to extend anti-discrimination laws to small employers

Monday, Aug 13, 2018

* Totally expected veto message…

To the Honorable Members of
The Illinois House of Representatives,
100th General Assembly:

Today I veto House Bill 4572 from the 100th General Assembly, which expands the definition of “employer” for certain types of employment discrimination to impose further liability on Illinois small businesses.

The Illinois Human Rights Act prohibits unlawful discrimination in employment in Illinois, and, in most instances, applies to employers with 15 or more employees. This 15-employee threshold mirrors the federal definition of employer in Title VII of the Civil Rights Act, the Americans with Disabilities Act, and other anti-discrimination statutes enforced by the U.S. Equal Employment Opportunity Commission. This longstanding and well-reasoned threshold balances the need to foster fair, equitable and harassment-free workplaces across the State with the lopsided burden that discrimination claims impose upon small businesses and startups, in comparison to large organizations with in-house compliance, human resources, risk management, and litigation defense functions.

Additionally, for claims of disability, pregnancy, or sexual harassment, the Illinois Human Rights Act already covers employers who employ only one or more individuals. This administration has worked diligently to enhance awareness of sexual harassment and gender bias and to reform the investigation and adjudication of violations in this area. I signed Senate Bill 402, which declares that sexual harassment is unethical in Illinois for State officials and employees. It also required that registered lobbyists undertake sexual harassment prevention training. Executive Order 2018-02 mandated expedited sexual harassment investigations within State agencies and recognized the uniquely cultural and diverse issues that underscore our understanding of sexual harassment. And Executive Order 2018-08 requires a comprehensive reform of the adjudication of all anti-discrimination cases before the Illinois Department of Human Rights and Illinois Human Rights Commission to generate better and faster decisions for parties.

Moving away from federal best practices and Illinois’ own current practices will discourage business creation, while maintaining greater consistency with this standard provides small businesses with predictability in their compliance efforts, and recognizes the distinct challenges that liability may pose for them.

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 4572, entitled “AN ACT concerning human rights,” with the foregoing objections, vetoed in its entirety.

Sincerely,

Bruce Rauner
GOVERNOR

* LIUNA…



* Equality Illinois

“At a time when anti-equality forces are working overtime to establish licenses to discriminate and the next U.S. Supreme Court could begin to turn back the clock on civil rights laws, Gov. Rauner failed Illinoisans today. He could have sent a powerful and unmistakable message that Illinois is best and strongest when state law protects all workers from discrimination,” said Michael Ziri, Director of Public Policy at Equality Illinois. “Instead, Gov. Rauner effectively said it is okay to discriminate in the workforce at thousands of Illinois businesses on the basis of someone’s race, sex, national origin, sexual orientation, or gender identity. Shame on him.”

- Posted by Rich Miller        

21 Comments
  1. - Precinct Captain - Monday, Aug 13, 18 @ 7:07 pm:

    Another black eye for Illinois caused by the governor. Disgraceful.


  2. - Lester Holt’s Mustache - Monday, Aug 13, 18 @ 7:22 pm:

    Usually, republican governors spend 3 and a half years governing from the right and then move to the middle during the election season. Rauner has done the exact opposite, governing from the center/left for three years and moving to the right these past few months. Must be one of those 4-D chess moves I keep hearing about from the trump supporters.


  3. - Anonymous - Monday, Aug 13, 18 @ 7:33 pm:

    I’m a Dem but ok with this. Many small firms can’t handle this type of litigation.


  4. - Saluki - Monday, Aug 13, 18 @ 7:45 pm:

    LIUNA reaction is offensive to many small employers who wake up everyday and don’t discriminate against anyone.


  5. - Real - Monday, Aug 13, 18 @ 7:49 pm:

    And Maze Jackson and the black chamber of commerce applaud and award GovJunk.


  6. - Huh? - Monday, Aug 13, 18 @ 7:53 pm:

    “Illinois is best and strongest when state law protects all workers from discrimination,…”

    Exactly


  7. - Real - Monday, Aug 13, 18 @ 7:54 pm:

    I’m a Dem but ok with this. Many small firms can’t handle this type of litigation.

    -And you’re most likely not black. It doesn’t effect you no wonder you support it.


  8. - Real - Monday, Aug 13, 18 @ 7:57 pm:

    There are many small businesses in predominantly black neighborhoods that don’t hire black. I know of many and one in particular I have been a customer of since high school until years later and I never once seen 1 black employee there although half the customer base is black.


  9. - City Zen - Monday, Aug 13, 18 @ 8:26 pm:

    How can Rauner give the green light when the light has always been green?


  10. - Yiddishcowboy - Monday, Aug 13, 18 @ 8:55 pm:

    @Saluki: If the small employers, about which you speak, don’t discriminate, then they’ve nothing to worry about, even if they are considered “emoloyers” under the Act. I don’t understand what’s so offensive.


  11. - Yiddishcowboy - Monday, Aug 13, 18 @ 8:57 pm:

    This piece of legislation is only burdensome for those small businesses that actually desire to or do discriminate against their employees. Regardless of the number of employees they have, they should not discriminate. That simple.


  12. - SaulGoodman - Tuesday, Aug 14, 18 @ 12:35 am:

    **I’m a Dem but ok with this. Many small firms can’t handle this type of litigation.**

    Then maybe they shouldn’t discriminate?


  13. - Anonymous - Tuesday, Aug 14, 18 @ 5:19 am:

    Once again he proves he knows he won’t win the election.

    Bye bye brucie


  14. - Real - Tuesday, Aug 14, 18 @ 8:20 am:

    Not much talk of how bad this news in comments. Only shows that most white people regardless of party only care for there own best interest.


  15. - Al - Tuesday, Aug 14, 18 @ 8:57 am:

    After observing Rauner for years I feel confident he would veto this bill if it applied only to large employers.


  16. - PublicServant - Tuesday, Aug 14, 18 @ 9:01 am:

    @Real - Don’t you think lumping “most white people” together, as you’ve just done, might induce some people, regardless of their race, to think you’re a racist? Better knock that chip (some might say a tree trunk) off your shoulder before you get tuned out here. With comments like your 8:20am one above. That won’t take long.


  17. - Real - Tuesday, Aug 14, 18 @ 9:05 am:

    @Real - Don’t you think lumping “most white people” together, as you’ve just done, might induce some people, regardless of their race, to think you’re a racist?

    -Yet you seem more offended by my comment than by the veto. Thanks for proving my point.


  18. - PublicServant - Tuesday, Aug 14, 18 @ 9:08 am:

    -Yet you seem more offended by my comment than by the veto. Thanks for proving my point.-

    There’s that chip talking again.

    P.S. How do you know I’m white? … Thanks for proving my point, by the way.


  19. - Phil King - Tuesday, Aug 14, 18 @ 9:18 am:

    Alternative headline: “Rauner Vetoes New Regulation Imposing Compliance Costs on Small Business”


  20. - Real - Tuesday, Aug 14, 18 @ 9:19 am:

    There’s that chip talking again.

    P.S. How do you know I’m white? … Thanks for proving my point, by the way.

    -Some people just can’t handle the truth. This is why you have yet to speak to the post and keep catching a nerve over my comment.


  21. - Da Big Bad Wolf - Tuesday, Aug 14, 18 @ 6:11 pm:

    ==Not much talk of how bad this news in comments. Only shows that most white people regardless of party only care for there own best interest.==

    FYI, my lack of a comment on any this or any particular post has no relationship to lack of caring.


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