Burns v. Bombela-Tobias

Illinois Appellate Court
Civil Court
Employment Discrimination
Citation
Case Number: 
2020 IL App (1st) 182309
Decision Date: 
Friday, March 27, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
MIKVA

Assistant warden, who was at age 48 among the IDOC's oldest employees, was terminated without being given a reason for termination. Her work performance was rated as "unacceptable" but but no specific performance issues were documented.  Plaintiff failed to meet her burden of showing that Illinois Human Rights Commissions's factual finding that she failed to prove age or disability discrimination was against manifest weight of evidence. Failure to provide reason for termination can be evidence of pretext but is not, in itself, sufficient to establish age or disability discrimination. (CUNNINGHAM and HARRIS, concurring.)