Collins v. Bartlett Park District

Illinois Appellate Court
Civil Court
Retaliatory Discharge
Case Number: 
2013 IL App (2d) 130006
Decision Date: 
Monday, September 30, 2013
2d Dist.
Du Page Co.
Affirmed in part and reversed in part; remanded.
Park District terminated employment of Plaintiff, as assistant superintendent, after he challenged his supervisor's decision to continue operating an allegedly defective ski lift at full capacity. A plaintiff must actually refuse to participate in an activity that would violate a law or regulation, to state a violation of Whistleblower Act. Carnival and Amusement Rides Safety Act, and its regulations establish clear mandate of public policy to maintain and operate ski lifts safely. Plaintiff properly stated cause of action for retaliatory discharge for employer's alleged multiple violations of Safety Act. Sections 2-201 and 2-109 of Tort Immunity Act are not affirmative matter defeating retaliatory discharge claim, as Park District ultimately caused alleged injury to Plaintiff. (HUTCHINSON and JORGENSEN, concurring.)