Generally speaking, small businesses are exempt from employment discrimination statutes. “For example,” says one state publication, “Title VII of the Civil Rights Act, which prohibits discrimination based upon race, color, religion, gender, disability and national origin, only applies to employers with 15 or more employees. These threshold limits are designed to protect small employers from the considerable financial and time costs associated with compliance with the statutes.”
Peoria’s city code reflected that same threshold for filing a discrimination complaint with the Fair Employment and Housing Commission. A few weeks ago, the City Council decided to change the code, so now a discrimination complaint can be filed against any employer, even those with 1-14 employees. If you find yourself in situations like this, then make sure to consult a qualified disability attorney to help you build your case.
During the discussion, the official minutes of the meeting state: “Senior Staff Attorney King said neighboring areas such as West Peoria and Peoria Heights did not have such an ordinance to her knowledge…. Council Member Sandberg expressed concern that Peoria was putting itself at a disadvantage when being competitive to bring in new business. He said he felt the resolution that was passed at the State level had the responsibility to govern these issues.” His concerns were roundly pooh-poohed by the mayor and several council members:
Mayor Ardis answers: “We shouldn’t not do the right thing because our neighbors aren’t doing it.” Turner says Peoria should show some leadership in this area. Gulley says he hopes this ordinance will drive every business out of Peoria that wants to discriminate. Privilege of the floor given to Don Jackson, President of [Illinois] NAACP. He speaks in favor of the motion “in the spirit of Everett Dirksen.”
The ordinance passed unanimously.
Then, a couple of days after this council meeting, the Pekin Chamber of Commerce announced (emphasis mine): “The 48th Annual Peoria Branch Freedom Fund Banquet will be held on Saturday, November 14th at the Par-A-Dice Hotel and Conference Center in East Peoria.” Wait a minute…. Why is the NAACP holding their Freedom Fund Banquet in a community that (using the logic displayed at the Peoria City Council meeting on Oct. 13) tolerates discrimination? Why don’t they hold their banquet in Peoria — a city that has the stricter anti-discrimination policy?
Peoria City Council members were all invited to the banquet. Will they attend an event being held in a community that is not doing “the right thing,” according to Peoria’s Mayor? Will all those who spoke out so forcefully on the council floor on October 13 stick to their principles of “showing leadership” against discrimination on November 14? We’ll see.