Plaintiff, a Caucasian and of a non-Pentecostal religion, filed suit alleging that Defendant failed to rehire her for a teaching position after illegally discriminating against her based on race and religion in violation of Illinois Human Rights Act. Jury verdict for Plaintiff for $100,000. Court erred by tendering to jury 3 of Plaintiff's proposed jury instructions related to the Act. The Act requires Plaintiff to show a link between her race or religion and Defendant's decision not to rehire her when asserting the basis for termination was pretextual. Nothing in record shows that Plaintiff presented direct evidence of discrimination. Jury instructions inaccurately conveyed the law, as instructions failed to identify that jury had to determined whether Defendant failed to rehire Plaintiff because of her race or religion. Court erred in giving instruction that Defendant's reason for termination was based on mixed motive, as Plaintiff failed to present evidence of mixed motive. (STEIGMANN and APPLETON, concurring.)
Illinois Appellate Court
Civil Court
Human Rights Act