Illinois Supreme Court Update--Illinois Human Rights Act Doesn't Bar Federal and State Claims
The Illinois Supreme Court held in Blount v. Stroud, 2009 WL 153862 (Ill Sup Ct. 2009) that the Illinois Human Rights Act ("Act") doesn't preclude employees who file a claim under the Human Rights Act from bringing other claims based on common law, or federal statutes in state court.
Jerri Blount filed a multicount complaint in Cook County Circuit Court against her former employer Jovon Broadcasting Corporation and the owner and general manager. The two counts of interest to his analysis were her common law retaliatory discharge and retaliation under 42 USC Section 1981. The defendant filed a motion to dismiss claiming the Act precluded her from filing in the circuit court. The court rejected the motion to dismiss and she was ultimately awarded over $3 million dollars by a jury. The appellate court reversed holding the Act deprives Illinois Courts of subject matter jurisdiction. The Illinois Supreme Court heard the case and ruled that whether facts giving rise to a civil rights violation as defined under state law might also give rise to a civil rights violation under definitions found in federal statutes was not relevant and Blount had a right to pursue her claim under federal law in state circuit court.