SE Illinois News

Sen. Dale Righter (R-Mattoon) debated serious women issues in considering legislation regarding wage equality and postpartum depression sentencing.

During debate Nov. 9 in the veto session, Righter argued against HB2462, sponsored by Sen. Daniel Biss (D-Evanston), which would amend wage equality for female employees, and he argued for HB1764, sponsored by Sen. Toi Hutchinson (D-Olympia Fiefds),  which would amend sentencing in cases involving postpartum depression.

In debate over HB2462, Righter said differential wages based on "any other factor than sex” constitutes unlawful discrimination under the Illinois Human Rights Act.

“I am not concerned about the prohibition in asking about previous wages, but about the affirmative defenses part you placed in here because the fourth affirmative defense you are amending would include issues such as education and experience in the workplace,” Righter said.

He said though he understood the intent to right the wrong in the the 80-cent-less difference women make per dollar, he was concerned with the possible lawsuits the legislation could bring.

“These questions come from small employers in my district, small employers like every member in this chamber represents that do not have the money to have an experienced employment attorney on retainer because that is what they will need to figure this out,” Righter said.

He said very few employers will be able to meet the standards that would set if the bill passed.

“You can’t use any defense in your bill under the affirmative defenses education and experience unless it accounts for the entire differential,” Righter said, adding the bill could negatively affect thousands of small employers across the state who pay their employees more because of experience and education.

“If this bill was just about not asking about previous wage history, I wouldn’t have a problem with it all,” Righter said. “But the affirmative defense provisions in this bill are confusing and will make it more difficult for your small business owners to do what they think is right and pay people more because of education and experience in the workforce. There is something we can do in this area; this bill goes too far.”

The Senate voted 29-17 on HB2462 but failed to override Gov. Bruce Rauner's veto of the measure.

After arguing against wage differential, Righter argued for Hutchinson’s proposal that provides a mitigating factor in sentencing that at the time of the offense, the defendant was suffering from post-partum depression or post-partum psychosis. He said he first planned on rejecting HB1764, until he listened intently to the floor debate, saying once he heard Hutchinson promise to work on a trailer bill with Sen. Don Harmon (D-Oak Park) he changed his no vote to a yes.

“I have made commitments back home based on the way the bill is drafted to vote no, but I would suggest that given the comments by Sens. Harmon and Hutchinson to allow this to go ahead,” Righter said.

HB1764 passed 48-2.