Illinois Needs to Step-Up Efforts to Address Sexual Harassment
There is a current wave of women speaking up about sexual harassment in the workplace. Unsurprisingly, statehouses across the country are feeling the pressure too. One recent example published in Glamour highlights the importance of sexual harassment reporting and investigatory processes.
Rhode Island State Senator Gayle Goldin explains how sexism in the Rhode Island statehouse affects policymaking and politics in general. She said, “Sadly, for many women in office, if you start speaking truth to power, power talks back—by killing your bills, changing your committee assignments, and smearing your reputation.” When the truth in question relates to sexism or sexual harassment, the backlash can be subtle, yet significant.
“We aren’t included in impromptu social gatherings. We’re passed over as bill sponsors. No one asks our opinions on legislation. Suddenly a colleague who pledged to support your bill changes his mind. We risk losing our colleagues’ trust for not keeping their secrets.”
Instead of forcing female legislators to keep sexual harassment issues secret, it should be possible for anonymous complaints to be made and for independent, confidential investigations to be conducted.
| Rhode Island is not the only state grappling with this reality. In the past month, stories from statehouses across the country cast doubt on the systems in place for handling sexual harassment. Reports from Governing andPolitico highlighted a number of scandals in state legislatures from coast to coast. Many of these cases end with wrongful termination lawsuits brought by accusers, secret settlements, or resignations. The prevalence of conclusions like these strongly suggest a lack of faith in the integrity of ethics investigations meant to occur when sexual harassment accusations are made. A recent New York Times article about sexual harassment in the California legislature emphasized the obvious trouble in a process that leaves women with only one option for reporting harassment – they must take the accusation to the colleagues of their alleged harassers. According to the article, interviews with dozens of women who work in the Capitol revealed that “the flawed system [for reporting sexual harassment] had left them with few options.” Similar stories of dysfunctional reporting have emerged from many other states, including Illinois, Missouri, New York, and Oklahoma. These stories abound with descriptions of ineffective investigations, secret settlements, and the lack of a mechanism in place for reporting abuse. Overall, the number and scale of flawed policies across statehouses is stunning. Countless women have told local news outlets that there is a fundamental lack of trust in the current systems for reporting claims of sexual harassment. As an example, the Illinois legislature did not define sexual harassment as an ethics violation until a few weeks ago, nor did they provide a clear process to report sexual harassment. |
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| Many states that have experienced scandals in recent years have responded by referring open complaints to an independent, outside investigator with full discretion to investigate claims. These investigators must report their findings to ethics commissions, and the commissions are ultimately responsible for administrative action, which is the case in Illinois. It is critical that these commissions be independent of legislatures to ensure the integrity of the hearing process. Despite the flurry of action in the Illinois General Assembly over the past month, this necessary reform has yet to be implemented. |
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| Even as he was signing the resulting legislation, Governor Bruce Rauner criticized the steps the General Assembly took to address sexual harassment as “hurried” and “very flawed,” saying, “There’s a lot more more work to be done.” Media outlets across the state, including ICPR, echoed the governor’s sentiment, calling for the new laws to be a first-step on a more comprehensive, proactive path towards true reform. Shortly before the bill signing, ICPR released a list of additional reforms that should be made to ensure Illinois joins other leading states with an effective process for handling discrimination and sexual harassment claims. While all of these reforms are important, the need for an independent Illinois Legislative Inspector General stands out, especially in light of Sen. Goldin’s account of statehouse politics in Rhode Island. Right now, the Legislative Inspector General, theoretically an independent office, needs permission from the Legislative Ethics Commission to open investigations. The Commission is comprised entirely of legislators, leaving colleagues of an accused legislator to oversee the investigation. This lack of independence flies in the face of the concerns expressed in Illinois and restricts the authority of the Legislative Inspector General severely. Former Illinois Legislative Inspector General Tom Homer has been vocal about the need for reform in the Legislative Inspector General’s office. In post-retirement interviews, Homer has described the office as “toothless” due to its reliance on the Legislative Ethics Commission (made up of legislators) to conduct investigations, publish reports, and hold legislators accountable. According to Homer, the Legislative Inspector General needs the ability to conduct its investigations freely and to have greater influence in the consequences emanating from substantiated claims. |
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| To join the states leading the way with effective, fair systems for handling sexual harassment, Illinois must strengthen its systems for reporting, investigating, and addressing complaints. These improvements require an empowered Legislative Inspector General reporting to an independent commission. ICPR is dedicated to working with legislators and other reformers to bring about the improvements and protections that everyone working in Springfield deserves. |
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