Updates

Sexual Harassment Claims Shed Light on Transparency, Accountability, and Oversight Gaps in the General Assembly

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Quick Read
  • The reporting process for sexual harassment in the General Assembly is unclear, making it difficult to report grievances or address allegations.
  • The Office of the Legislative Inspector General has been vacant since 2014, leaving harassment claims to the Legislative Ethics Commission for investigation.
  • The Legislative Ethics Commission employs a single, part-time staffer who has described his role in hearing ethics concerns as “administrative”
  • New initiatives in the ILGA are promising, but commitment from legislators is needed to ensure a long-term transparent, proactive process for addressing sexual harassment.
Stories of sexual harassment in the state legislature in recent weeks have led to revelations about the stunning lack of accountability and oversight mechanisms in place to address these complaints. Notably, allegations of sexual harassment in the General Assembly highlight the lack of transparency and resources devoted to the process for reviewing and investigating claims.
Anti-Harassment Laws Already Exist in Illinois
Federal law, including the Civil Rights Act and policies laid out by the Equal Employment Opportunity Commission, bans discrimination in state and local governments. In order to address sexual harassment claims, which fall under the EEOC’s definition of discrimination, branches of state government will frequently institute specific policies aimed at preventing sexual harassment.The Illinois Human Rights Act (IHRA) specifically requires state agencies to maintain a sexual harassment program to include development and posting of a sexual harassment policy, as well as provision of training aimed at sexual harassment prevention and the agency’s overall policy. IHRA is administered by the Illinois Department of Human Rights, which investigates complaints of all types of discrimination.
ILGA Lacks Process for Reporting Harassment
Ironically, IHRA’s strong policy protecting against sexual harassment does not include the state legislature. The language mentioned above in IHRA only requires a sexual harassment program for “every state executive department, state agency, board, commission, and instrumentality,” appearing excludes the legislature.This gap in the law leaves the General Assembly responsible for developing and promulgating its own policy. Unfortunately, the General Assembly has not provided a program similar to those in other state agencies, creating confusion about the reporting process for sexual harassment claims.

Illinois currently has an office known as the Legislative Inspector General (IG). This office is responsible for investigating claims of discrimination in the state legislature. However, the seat has been vacant since 2014. According to recent reports, this vacancy means complaints are now sent directly to the Legislative Ethics Commission in the General Assembly, which is responsible for appointing a Legislative Inspector General.

An apparent problem with the Legislative Ethics Commission is that it lacks a working, transparent process to evaluate claims. Individual commissioners are state legislators selected by General Assembly leaders. Those commissioners have appointed an executive director for the Commission, Randy Erford. However, the Illinois Comptroller lists Erford, the former director of College Illinois!, as a contractor for the state (Erford is paid $37,746 annually for part-time work).

Erford is presently the only staff member for the Commission. According to a compliance report for July 2014 – June 2016, there were “procedural deficiencies” and an “inadequate segregation of duties” regarding the Commission’s financial practices. Erford’s responses to the findings ascribed the issues to “oversight or confusion over filing deadlines,” as well as the observation that he is the only staff member of the office.

However, Erford also said adding an additional staff member was not a prudent option because of the lack of work in his office. Despite this, the General Assembly has appropriated $312,500 to the Legislative Ethics Commission, which also funds the (currently vacant) Legislative Inspector General’s office. Erford’s office only spent $40,000 in 2016, allowing $272,000 in funding for the Ethics Commission to be returned to the state.

Need for Reform in Legislative Ethics
ICPR supports recent moves by state legislators to create a sexual harassment program comparable to existing programs in the rest of state government. However, it is necessary to have a dedicated staff to address claims of sexual harassment in a transparent process. ICPR encourages the General Assembly to fill the position of Legislative Inspector General and to ensure the Inspector General, along with the Legislative Ethics Commission, is proactive in preventing and addressing sexual harassment.

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