August 13, 2018
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