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Posted On: January 23, 2011 by

Trial At The Illinois Human Rights Commission Not The Only Alternative

If you have been the victim of sexual harassment, a hostile work environment or retaliation you have options after your case has been found to have substantial evidence by the Illinois Department of Human Rights ("IDHR"). You can proceed to trial before an Administrative Law Judge ("ALJ") at the Illinois Human Rights Commission ("IHRC") or you can file a complaint in the circuit court of the county where the discrimination took place. There is an additional tactical consideration. If the basis for the sexual harassment were say events that can also be alleged in a complaint of intentional infliction of emotional distress, you could file a complaint with the IHRC and a separate complaint in the circuit court for Intentional Infliction of Emotional Distress.

The basis for being able to file this additional complaint is found in a variety of court decisions. In Pavilon v. Kaferly, 561 N.E. 2d 1245, 204 Ill. App. 3d 235 (Ill. App. 1 Dist. 1990), the court held that the tort of Intentional Infliction of Emotional Distress required proof of more than was required for sexual harassment and served a different policy than that served by the Human Rights Act, therefore the claim was not preempted by the Human Rights Act. For this reason one could give consideration to whether there are facts sufficient to file a complaint for trial with the IHRC and also a claim in circuit court for Intentional Infliction of Emotional Distress. Such a claim needs to prove, the conduct involved is truly extreme and outrageous; second, the actor must either intend that his conduct inflict severe emotional distress, or know that there is at least a high probability that his conduct will cause severe emotional distress; lastly, the conduct must in fact cause severe emotional distress.

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