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.
CJ,
Excellent points! Why does any Peoria-based group meet/use non-Peoria facilities? This is an especially egregious example of abuse of Peoria taxpayers.
Thanks for your diligence.
Agreed, C.J.
Gary Sandberg was correct. He must feel like a lonely man sometimes.
So, let me see now. I start a small business. It grows a little and I find I need two employees to help me out. I now have to worry about fighting a discrimination suit. I think I will move my business. I support non-discrimination completely, but lets get real.
Why did Gary end up voting for the ordinance if he was against it? Odd, isn’t it?
CJ et al,
THought you might find the following series of emails interesting. After the City Manager Scott Moore comfirmed that East Peoria not only did NOT have a comparable ordinance, but East Peoria’s ordinance doesn’t have ANY ENFORCEMENT AUTHORITY at all, the Peoria CIty Council was “invited” to Peoria Chamber of Commerce Thanksgiving Breakfast at the East Peoria Marriot, again at the TAXPAYER”S EXPENSE.
From MOST RECENT to EARLIEST invitation which you cited. Needless to say, No other Council person has responded to the boycott challenge, but rest assured I will expect to have an accounting of those in the elected or Administration that used Peoria TAX DOLLARS to attend fucntions in East Peoria.
To: Scott Moore
Subject: Re: FEHC Report East Peoria
Sent: Oct 22, 2009 1:41 PM
Scott,
Thank you for the response. My only concern with timing was the deadline of
Monday for the chamber luncheon. Based on a careful reading of the East Peoria
Ordinance and TOTAL LACK of ANY ENFORCEMENT, I will NOT attend any function as
an employee or elected official nor use any Peoria Tax Dollars to support any
event in a community that does NOT have laws in place to prohibit discrimination
at the local area.
Just like and patterned after the “economic” Montgomery Bus Boycott of the 50’s,
I believe the City of Peoria should boycott activities and events in those
communities that don’t have anti-discrimination laws in place equal to or
greater than the laws that the City of Peoria has adopted. Anything short of
that or anyone participating in those events are in effect supporting and
encouraging communities where Discrimination CAN Play.
It is unfortunate that the Peoria Area Chamber of Commerce, Arts Partners, and
others are holding events in a community with no enforcement mechanism against
discrimination.
I would hope that the Political and Administrative Leadership will initiate a
boycott of our presence and tax dollars to any event held in communities that do
NOT have effective Laws in place to combat discrimination. Count me as the first
that will not attend any of the events.
Lastly, please provide me any purchase orders, check requisitions processed for
any of the three events in East Peoria if initiated by any City of Peoria
Department or elected official.
Through cooperative peaceful, nonviolent economic pressure and boycotts, the
strategies and techniques initiated early in the Civil Rights battle can and
will work today. It is leading thru example, not just laws. Right Council?
Gary Sandberg, At Large
——Original Message——
From: Scott Moore
To: Gary Sandberg
To: Clyde Gulley
To: Dan Irving
To: George Jacob
To: Henry Holling
To: Jim Ardis
To: Jim Montelongo
To: Ryan Spain
To: Scott Moore
To: Tim Riggenbach
To: W. Eric Turner
To: William Spears
To: Barbara VanAuken
Cc: Alma Brown
Cc: Kristie Collier
Cc: Kimberly King
Subject: FEHC Report East Peoria
Sent: Oct 22, 2009 1:05 PM
Councilmember Sandberg:
Good afternoon. I have forwarded you a copy of East Peoria’s Fair Employment and Housing Commission Report per your request and appreciate your patience with staff and I in researching this matter. There is no enforcement authority in their ordinance and it appears that City Council is prepared to discuss and discourage discriminatory activity based on their ordinance, but they have not created a mechanism to actually handle and address discriminatory activity. If you have any problems opening the attachment, please let us know.
Scott
Gary Sandberg, At Large
> Sent from my Verizon Wireless BlackBerry
>
> —–Original Message—–
> From: “Gary Sandberg”
> Date: Thu, 22 Oct 2009 15:58:04
> To: Kristie Collier; Clyde
> Gulley; Dan Irving;
> George Jacob; Henry
> Holling; Jim Ardis;
> Jim Montelongo; Ryan
> Spain; Scott Moore; Tim
> Riggenbach; W. Eric
> Turner; William
> Spears
> Cc: ; ; Tim
> Riggenbach; George Jacob –
> personal – Personal email address; W.
> Turner; ;
> ; Jim Ardis; Barbara
> VanAuken
> Subject: Re: Thanksgiving Day Luncheon
>
> Kristi,
>
> Last week after receiving an invitation to event in East Peoria, I
> replied to Alma my concern and her reply. I have the same concern with
> Peoria city tax dollars going to events in communities that don’t
> afford the same protections that Peoria does against employment and
> housing discrimination. As of this moment I have NOT heard back
> regarding the presence of a Fair Employment and Housing Commission in
> east Peoria as well as laws at least as stringent as Peoria to combat
> discrimination.
>
> I don’t know if Alma has been working this week, but it should take
> only a few minutes to get a hold of their ordinance assure the same
> level of protection against discrimination, make a copy for me and
> then, I could reply to both invitations as well as the event sponsored
> by Peoria Tax funded less than 15 employees group Arts Partners.
>
> I am very concerned of all these events if the same level of laws and
> Commissions aren’t present in East Peoria as Peoria and then Peoria Tax
> Dollars are then expended in Communities that don’t have the same level
> of protection against discrimination.
>
> Here is interchange last week between Alma and me……….
>
> I will see what I can find out.
> —–Original Message—–
> From:
> To: Alma Brown
>
> Sent: 10/15/2009 6:03:56 PM
> Subject: Re: NAACP Banquet
>
>
> Alma,
>
>
>
> Unless East Peoria has a Fair Employment and Housing Commission with
> the same statutory authority as the City of Peoria has in addressing
> discrimination, I don’t think there should be any representation and
> certainly no Peoria tax dollars supporting a function in a community
> that tolerates discrimination, right Councilman Gulley? We’ll see if
> the the free meal syndrome overrides the principal.
>
>
>
> Let me know East Peoria’s status because I would like to attend but
> only if Discrimination doesn’t play there.
>
>
>
> Gary Sandberg
>
> —–Original Message—–
> From: Alma Brown
> To: Alma Brown
> Sent: Thu, Oct 15, 2009 5:14 pm
> Subject: NAACP Banquet
>
>
>
>
> Council Members,
>
>
>
> Mayor Ardis asked me to send out an e-mail to see if you would like to
> attend the 48th annual Peoria Branch Freedom Fund Banquet. The banquet
> will be held on November 14, 2009 at 6:30 p.m. It will take place at
> the Par-A-Dice. The NAACP will be celebrating the 100th anniversary
> of their founding. As part of the celebration, the NAACP will be
> honoring Senator Everett Dirksen for his work in assisting in the
> passage of the 1964 Civil Rights Act. Rusty Dunn, the Mayor of Pekin
> will be in attendance, as well as Frank Markaman, the Director of The
> Dirksen Center. Mayor Ardis is unable to attend and would like to see
> if any Council Members will be able to attend. If you would like
> tickets, please let me know.
>
>
>
> Thanks.
>
>
>
> Alma
>
>
>
>
> Thanks and I will await receiving a copy of East Peoria’s ordinance.
> Gary Sandberg, At Large
> ——Original Message——
> From: Kristie Collier
> To: Clyde Gulley
> To: Dan Irving
> To: George Jacob
> To: Henry Holling
> To: Jim Ardis
> To: Jim Montelongo
> To: Ryan Spain
> To: Scott Moore
> To: Tim Riggenbach
> To: W. Eric Turner
> To: William Spears
> Cc: Jim@accs-usa.com
> Cc: Cg4SULRBSP@aol.com
> Cc: Gary Sandberg
> Cc: Tim Riggenbach
> Cc: George Jacob – personal – Personal email address
> Cc: W. Turner
> Cc: rspain@h-p.org
> Cc: IrvingD@LincolnOffice.com
> Cc: Jim Ardis
> Cc: Barbara VanAuken
> Subject: Thanksgiving Day Luncheon
> Sent: Oct 22, 2009 10:07 AM
>
> Council,
>
> Please let me know by Monday if you would like to attend the Chamber’s
> Thanksgiving Day Luncheon on Friday, November 20, at 11:45, at the
> Embassy Suites. The guest speaker this year is Michael Bryant.
>
> Thanks,
> Kristie
>
> Sent from my Verizon Wireless BlackBerry
Sud O. Nym,
I voted for it because I would then expect an unanimous position regarding non support for accepting free meals at tax payers expense, All the “invitations” occurred after the Tuesday vote on the ordinance, but I must admit after listening to the “political posturing” during the item discussion, I was convinced the committment was what Peoria would and could do to it’s small businesses, but NOT what we could do thru an economic boycott of FREE LUNCHES PAID FOR BY PEORIA TAX DOLLARS. Besides there are times I even get tired of 10-1 votes. Unfortunately, it appears “free lunches” trumps “discrimination” when the elected official or Admininistrative employee is getting the free lunch.
Is this really worth all of the posturing?
If you want the Council to show leadership against discrimination, ask them to staff the EEOC office and force them to follow up on a matter when a person brings it to them.
Do you ever hear of anybody suing for discrimination in Peoria? No, you don’t. It wasn’t until just recently you could find an attorney to represent a black person. As far as the NAACP – what’s that?
People have been going to the City for decades because of discrimination. And you know it is out there, you can read it in the PJStar and on some local blogs all day long. The City EEOC does not follow up on cases, in most instances they let the statute of limitations run – heaven forbid they offend a local business just for the sake of a black person who feels slighted.
This little change to include small business is of no consequence – it’s just a gesture. If it will help anybody – it will be white women suing for sexual discrimination – that’s okay isn’t it?
The institution of racial discrimination will continue to thrive in Peoria. Relax people.
Discrimination is a two-way street Emerge. White people can be discriminated against too. The pendulum swings both ways. It won’t be long before we begin to hear more about this. When it does, I hope they don’t label it “reverse discrimination”. Discrimination is discrimination no matter who the victim.
Agreed.
Ramble On is right. We don’t need to be hassling very small businesses with the threat of more frivolous complaints. That’s what we are really talking about. Giving somebody a way to extort their employer over imagined discirmination. Now, for those of you revving up to tell me discrimination exists, don’t bother. Of course it does. But, MOST employers will go out of their way to avoid the whiff of discrimination. They don’t want the hassle, the expense, the publicity, etc. ALSO, isn’t there, for these very small businesses, with a few employees all working together, a right to associate with whomever you want to? If an older woman has a small retail store, and wants to work with a couple of other older women, what’s wrong with that? The City needs to butt out and let people lead their lives without any more interference from heavy-handed beaurocrats.
Again, this is an empty gesture.
File all the discrimination claims you want – the City does not follow up on them.
Who do you think sits on the Fair Employment and Housing Commission?
Small business is not in danger.
Welcome to Peoria, Mr. Moore.
If the NAACP doesn’t mind going to East Peoria, why should you?
The EEOC is a creature of the federal government. What “City EEOC?”
The City EEOC office used to take complaints and do a preliminary finding (or at least act like they were looking it to it). The staff has been cut back and now they just serve as a kind of intake office. Now they only provide you assistance in the preparation of a complaint. Your actual claim of discrimination has to be filed with the state or federal government for investigation.