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Diversity Leadership Council Newsletter
The newsletter of the ISBA’s Diversity Leadership Council

June 2010, vol. 4, no. 1

Now every article is the start of a discussion. If you're a member of the Illinois State Bar Association, you can comment on any of the articles that appear below.

In This Issue…

Related Court Cases

Retaliation
Mendez v. The Town of Cicero

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.)

FOID Act
Baumgartner v. Greene County State's Attorney's Office

Plaintiff applied to Illinois State Police (ISP) for a FOID card but was denied based on his criminal history, which included misdemeanor conviction for domestic battery. Court granted ISP's request to intervene, and denied Plaintiff's petition. Plaintiff failed to meet his burden to prove his entitlement to relief under Section 10 of FOID Act, including that relief would not be contrary to federal law. Record is sufficient to support ISP's claim that Plaintiff did not serve time in jail after his conviction and sentence for domestic battery; he was granted credit for days served, which was length of his sentence. Thus, he did not lose his civil rights, and thus he could have no civil rights restored. Thus, Plaintiff cannot take advantage of Section 921(a)(33)(B)(ii) of federal Gun Control Act's "civil rights restored" exemption, and thus remains under a federal firearm disability. (STEIGMANN and APPLETON, concurring.)

Race Discrimination
People ex rel. Madigan v. Wildermuth

(Court opinion corrected 4/12/16.) Attorney General filed a complaint alleging that Defendants (attorney and realtor) violated Section 3-102(B) of the Illinois Human Rights Act by intentionally targeting predatory practices, in loan modifications for real estate,  against minorities by aiming their advertising at African-Americans and Latinos. The State may claim a violation under the Illinois Human Rights Act pursuant to a reverse redlining theory where it did not allege that the defendant acted as a mortgage lender. (REYES and GORDON, concurring.)

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