(Court opinion corrected 3/15/19.) Employer received notice of charge of discrimination filed by employee, under Illinois Human Rights Act, and thereafter transferred substantially all of its assets for no consideration to another LLC, which became the new manager of the employer. State filed complaint against LLC, as successor of employer, to enforce compliance with $30,330 administrative judgment awarded to employee. Court erred in granting successor LLC's motion for summary judgment. In an action where the underlying claim stems from a charge of employment discrimination in violation of the Human Rights Act, Illinois courts may rely on federal doctrine of successor corporate liability. There is evidence that transfer may have been made for fraudulent purpose of escaping employer's obligation to employee, sufficient to create a material issue of fact so that summary judgment is improper.(PUCINSKI, concurring; MASON, dissenting.)
Illinois Appellate Court
Civil Court
Employment Discrimination