Senate Sexual Discrimination and Harassment Awareness and Prevention Task Force Senator Melinda Bush, Co-Chair Senator Jil Tracy, Co-Chair Task Force Hearing Tuesday, August 21, 2018 10:00 a.m., Room C600 Michael A. Bilandic Building, Chicago, IL AGENDA Senate Task Force on Sexual Discrimination and Harassment Awareness and Prevention Senator Melinda Bush, Co-Chair Senator Jil Tracy, Co-Chair Tuesday, August 21 2018 10:00 A.M., Room C600 - Michael A. Bilandic Building I. Opening Remarks Senator Bush Senator Tracy II. General Assembly Ethics Recommendations Alisa Kaplan, Policy Director, Illinois Campaign for Political Reform III. Best Practices for Private-Sector Employers Muslima Lewis, Senior Attorney Advisor, United States Equal Employment Opportunity Commission Office of Legal Counsel Phillippe R. Weiss, Seyfarth Shaw LLP Senate Task Force on Sexual Discrimination and Harassment Awareness and Prevention Senator Melinda Bush, Co-Chair Senator Jil Tracy, Co-Chair Member List President Cullerton’s Appointees: Senator Omar Aquino Senator Scott M. Bennett Senator Melinda Bush Senator Bill Cunningham Julie Curry, Curry & Associates Felicia Davis, Olive-Harvey College Carrie Herschman, Choate Herschman Levison Senator Mattie Hunter Senator Toi W. Hutchinson Rikeesha Phelon, Phelon Strategies Polly Poskin, Illinois Coalition Against Domestic Violence Senator Heather Steans Leader Brady’s Appointees: Senator Pamela Althoff Senator John F. Curran Ahlam Jbara, Illinois Coalition for Immigrant and Refugee Rights Leslie Quade Kennedy, Odelson & Sterk Maureen Maffei, Ice Miller Senator Karen McConnaughay Julie Proscia, Smith Amundsen Senator Dale A. Righter Dr. Kathleen Robbins, Equality Illinois Anita Rodriguez, Assistant State’s Attorney, Adams County Maria Rodriguez, Former Mayor of Long Grove Senator Jil Tracy ILLINOIS CAMPAIGN FOR POLICITCAL REFORM (ICPR) Best Practices Recommendations - General Assembly Ethics Reporting and Investigatory Processes Best Practices Recommendations General Assembly Ethics Reporting and Investigatory Processes January 2018 | The Illinois Campaign for Political Reform The Illinois Campaign for Political Reform is a nonpartisan public interest group that advocates for research-based reforms to increase government integrity, transparency, and accountability. After a comprehensive review of existing statutes and rules regarding the reporting and investigation of sexual harassment claims in the Illinois General Assembly, we are recommending the following changes be implemented to improve the ILGA ethics reporting and investigatory process. • Legislative Ethics Commission – Transparency o When the LIG finds substantial evidence of wrongdoing, a summary report of the investigation and its findings should be published, with redaction of sensitive information, including the identities of complainants and witnesses. o The report should be published within 60 days of the investigation’s conclusion, unless the findings in the report lead to further action by the LEC, in which case the report should be filed upon the conclusion of all LEC action, including any disposition they deem appropriate. o Additionally, a report summarizing the business of the LIG’s office should be published on an annual basis. This report should include: § Number of complaints received § Distribution of complaint types (e.g. waste, abuse of power, discrimination, etc.) § Number of investigations opened § Summary of investigation resolution (e.g. dismissal, recommendation for LEC action, etc.) § Number of ongoing investigations § List of public reports made since last summary The Illinois Campaign for Political Reform | 312-436-1274 | [email protected] o Many states, including California, New York, and Florida, require the publication of some or all of the information listed above, highlighting the disparity between our disclosure requirements with other large states. • Legislative Inspector General – Independence o The Legislative Inspector General must have the authority to open investigations as he/she deems necessary based on complaints his/her office receives. o Additionally, the LIG must have the authority to subpoena and otherwise conduct an investigation without requiring outside approval from the LEC. o Specifically, the Legislative Ethics Commission should not have approval power over any investigations conducted by the LIG. o These methods of ensuring independence are considered best practices by the Association of Inspector Generals and are modelled by the Office of Congressional Ethics and the US House Ethics Committee. • Legislative Inspector General – Selection o The Legislative Inspector General should be selected by the Legislative Ethics Commission, not by the legislative leaders. o LIG candidates should be nonpartisan attorneys with experience in ethics investigations. o LIG candidates should not be currently or formerly employed by a campaign for state legislative office and should not have an attorney/client relationship with any legislative leader or member of the LEC. • Ethics Investigations –Expand the Statute of Limitations o The statute of limitations for an ethics violation complaint should be increased from the current limit of 18 months since the last date of alleged wrongdoing. o Since an investigation may be initiated until 12 months from that same date, the current limit may only allow 6 months for the inspector general’s investigation and the Attorney General’s evaluation of the completed report. o The standard should be amended to allow a complaint to be filed 12 months after an ethics investigation was opened, or 18 months since the last date of alleged The Illinois Campaign for Political Reform | 312-436-1274 | [email protected] wrongdoing, whichever is later. This would expand the maximum statute of limitation to 24 months. • Legislative Ethics Commission Composition o The Legislative Ethics Commission should be composed of General Assembly members and members of the public with experience in ethics policy, investigation, and/or disposition. The Illinois Campaign for Political Reform | 312-436-1274 | [email protected] Equal Employment Opportunity Commission (EEOC) Report by the Select Task Force on the Study of Harassment in the Workplace June 2016 EEOC Select Task Force on the Study of Harassment in the Workplace (Selected Resources) Report of Co-Chairs Chai R. Feldblum and Victoria A. Lipnic, Select Task Force on the Study of Harassment in the Workplace Promising Practices for Preventing Harassment Checklists and Chart of Risk Factors: o Checklist One: Leadership and Accountability o Checklist Two: An Anti-Harassment Policy o Checklist Three: A Harassment Reporting System and Investigations o Checklist Four: Compliance Training o Chart of Risk Factors and Responsive Strategies August 2018 Report of Co-Chairs Chai R. Feldblum and Victoria A. Lipnic, Select Task Force on the Study of Harassment in the Workplace August 2018 REPORT OF THE CO-CHAIRS OF THE EEOC SELECT TASK FORCE ON THE STUDY OF HARASSMENT IN THE WORKPLACE U.S. EQUAL EMPLOYMENT O PPORTUNITY COMMISSION SELECT TASK FORCE ON THE STUDY OF HARASSMENT IN THE WORKPLACE REPORT OF CO-CHAIRS CHAI R. FELDBLUM & VICTORIA A. LIPNIC JUNE 2016 REPORT OF THE CO-CHAIRS OF THE EEOC SELECT TASK FORCE ON THE STUDY OF HARASSMENT IN THE WORKPLACE CONTENTS PREFACE ................................................................................................................................................. ii EXECUTIVE SUMMARY ..................................................................................................................... iv PART ONE: INTRODUCTION .............................................................................................................. 1 PART TWO: WHAT WE KNOW ABOUT HARASSMENT IN THE WORKPLACE ........................ 3 A. REAL PEOPLE/REAL LIVES ..................................................................................................... 3 B. THE PREVALENCE OF HARASSMENT IN THE WORKPLACE .......................................... 5 C. EMPLOYEE RESPONSES TO HARASSMENT ...................................................................... 15 D. THE BUSINESS CASE FOR STOPPING AND PREVENTING HARASSMENT ................. 17 E. RISK FACTORS FOR HARASSMENT .................................................................................... 25 PART THREE: PREVENTING HARASSMENT IN THE WORKPLACE......................................... 31 A. IT STARTS AT THE TOP ......................................................................................................... 31 B. POLICIES AND PROCEDURES .............................................................................................. 37 C. ANTI-HARASSMENT COMPLIANCE TRAINING ............................................................... 44 D. WORKPLACE CIVILITY AND BYSTANDER INTERVENTION TRAINING .................... 54 E. GETTING THE WORD OUT .................................................................................................... 60 F. IT’S ON US ................................................................................................................................ 64 PART FOUR: SUMMARY OF RECOMMENDATIONS ................................................................... 66 ACKNOWLEDGMENTS ...................................................................................................................... 72 APPENDIX A: ACTIVITIES OF THE SELECT TASK FORCE ........................................................ 74