After his termination, hospital employee filed administrative complaint alleging unlawful sex discrimination under Illinois Human Rights Act. Plaintiff received notice that Department of Human Rights found no substantial evidence that he had been harassed, received a negative review, or suspended or terminated based on his sex. Plaintiff then twice filed request for review before Illinois Human Rights Commission; Commission twice vacated Director's dismissal and ordered Director to further investigate Plaintiff's claims.Plaintiff timely filed complaint in circuit court. Section 7A-102(D)(3) of Human Rights Act does not prevent a complainant from commencing a civil action merely because the complainant sought review of an earlier dismissal order through the Commission. Once the Commission vacates the Director's dismissal order, the process begins anew. Court erred in granting Defendant's Section 2-619 motion to dismiss. (BURKE and SPENCE, concurring.)
Illinois Appellate Court
Civil Court
Employment Discrimination