Chicago is the most corrupt city in the nation. Illinois ranks as one of the top three most corrupt states in the nation. Nearly 80,000 residents of the state live in poverty because the corruption is impacting economic investment. Democrat Governor J.B. Pritzker is under a federal criminal investigation for issues concerning tax breaks on his mansion.
Even so, the state government is putting a priority on passing a “Positive Action Act” — a bill that would ostensibly ensure that anyone who has a “protected characteristic” would not be discriminated against in the hiring process.
However, the bill isn’t actually about protecting people from discrimination. The Positive Action Act makes it clear that people with a “protected characteristic” should get preferred hiring treatment from state agencies.
What qualifies as a “protected characteristic? The crafters of the bill say that it’s any characteristic that “may be used, either directly or indirectly, to discriminate against or place at a disadvantage such persons having that characteristic.” That in itself is immensely problematic because just about any “characteristic” can be discriminated against.
True, potential employers may discriminate against African-Americans or Hispanics. However, white males have also been passed over in favor of women or people of color. People of certain religious may be passed over in favor of those who don’t have clear religious convictions. Companies may pass over married women in favor of single women — or choose younger employees over middle-aged ones. Could a state agency be sued if it chooses to hire a younger staff? What happens if a potential employee without any previous job experience sues a state agency because the agency hired someone who has relevant experience?
All of these are now valid questions created by yet another bureaucratic mess in Illinois. It’s just a breeding ground for more corrupt behavior by those in power.
It’s going to be very hard for any state agency to calculate exactly how many “protected characteristics” each potential employee has. What happens, for instance, if a gay white woman and a short African-American woman apply for the same job? Both individuals have two protected characteristics each, and there is no guidance in the bill to indicate which characteristics get preference.
It’s not hard to see that the “Positive Action Act” would wreak havoc on state agencies if it ever becomes law. Instead of hiring the best person for the job, the person who is deemed to have the most “protected characteristics” would win out. This not only affects people who are looking for work at a state agency, but also the tens of millions of Illinoisans who depend on state agencies to get things done. Illinois is sadly just falling deeper into the crater with this legislation.
