Client Alert - Employment Law Update
Illinois Supreme Court Allows Employees to Pursue Federal Discrimination Claims in State Court
The Illinois Supreme Court recently held that the Illinois Human Rights Act does not bar employees from filing lawsuits under federal civil rights laws directly in State courts. The decision overturns 20 years of cases, and means that employees will have greater litigation options, and could require employers to defend cases in multiple, and potentially less favorable, venues.
The case of Blount v. Stroud, No. 10557 (January 23, 2009) involved claims of retaliation brought by Jerri Blount, a former employee of Jovon Broadcasting Corporation under Section 1981 of the Civil Rights Acts of 1866, a federal law, and a tort theory under Illinois law. A jury found in favor of Ms. Blount when she was terminated after refusing her employer's instruction not to testify against it or otherwise cooperate with another employee, who had brought a separate civil rights case. She was awarded $257,350 in back pay, $425,000 for pain and suffering, and $2,800,000 in punitive damages.
The Illinois Appellate Court reversed the award, basing its decision on the well-established precedent that the Illinois Human Rights Act (the Act) contained a jurisdictional limitation, which deprived state courts of jurisdiction over all civil rights claims, regardless of whether they are brought under state or federal law. Instead, such claims were to be investigated and decided through an administrative process in the Illinois Department of Human Rights and the Human Rights Commission.
The Illinois Supreme Court disagreed, and instead found that only those civil rights violations enumerated in the Act are subject to the administrative procedures, and that federal civil rights violations are outside of those enumerated claims. The Court also allowed Ms. Blount's tort claim of retaliatory discharge because she established a basis of liability independent of the duties created by the Act.
What the Decision Means to Employers
Employees will now have greater alternatives when filing discrimination claims against employers. Importantly, Section 1981 claims are not governed by the Act's procedural requirements, which means an employee can file directly in State court. In addition, as state courts are now open to federal discrimination claims, employees will be able to select venues they deem more favorable. For example, state courts are historically more sypathetic to plaintiffs, and award higher verdicts.
If you would like more information about how this decision will affect your business, or have questions about your employment policies and practices in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
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