Mendez v. The Town of Cicero

Illinois Appellate Court
Civil Court
Retaliation
Citation
Case Number: 
2016 IL App (1st) 150791
Decision Date: 
Wednesday, June 29, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
MASON

Plaintiff filed suit alleging that Town retaliated against her for reporting alleged sexual harassment by deputy police superintendent toward a subordinate, by transferring her from executive administrative assistant to superintendent to clerk in building department. Jury found that transfer was retaliatory, but did not award her damages for alleged emotional distress and lost future earnings. Court separately ruled Plaintiff was entitled to reinstatement and awarded her $330,412 in attorney fees. Award of attorney fees was reasonable. Fees are not required to be proportional to amount of Plaintiff's own award. Reinstatement vindicated Plaintiff's right under Human Rights Act to be free from retaliation for reporting sexual harassment. Plaintiff's refusal to accept Town's unilateral decision to transfer her was not a pretext to inflate attorney fees and costs.  (FITZGERALD SMITH and LAVIN, concurring.)