Plaintiff filed a lawsuit against his former employer, alleging that he was fired without justification and that the employer fraudulently concealed and misrepresented that plaintiff was fired because of his sexual orientation. At the time of his termination, plaintiff signed a termination agreement offering severance pay and healthcare benefits in exchange for a broad release that included any claims brought under the Human Rights Act. The trial court dismissed the complaint, finding that the termination agreement barred plaintiff’s claims. On appeal, plaintiff argued that the trial court improperly shifted the burden to him rather than considering the allegations of the complaint in the light most favorable to him and that the defendant procured the termination agreement through fraudulent concealment and misrepresentation of a material fact. The appellate court reversed, finding that defendant could not evade accountability under the Act through fraud, which the court explained would effectively sanction discriminatory termination by means of deceit. (C.A. WALKER and GAMRATH, concurring)
Illinois Appellate Court
Civil Court
Human Rights Act