Blount v. Stroud

• Decision Date: 23 January 2009
• Docket Number: No. 105577.,105577.
• Citation: 904 N.E.2d 1,232 Ill.2d 302
• Parties: Jerri BLOUNT, Appellant, v. Joseph STROUD et al., Appellees.
• Court: Illinois Supreme Court

904 N.E.2d 1

232 Ill.2d 302

Jerri BLOUNT, Appellant, v. Joseph STROUD et al., Appellees.

No. 105577.

Supreme Court of Illinois.

January 23, 2009.

Collins Whitfield, of Whitfield McGann & Ketterman, and Terrence J. Lavin, Robin B. Potter, Martin A. Dolan, Chicago, for appellant.

Walter Jones, Jr., Linzey D. Jones, Tiffany M. Ferguson, Jenny M. Norenberg, of Pugh, Jones, Johnson & Quandt, P.C., Chicago, and Frank Adams, of Tinley Park, for appellees.

Matthew D. Ports, of Pfaff & Gill, Ltd., Chicago, for amicus curiae Illinois Trial Lawyers Association.

Randall D. Schmidt, Chicago, and John A. Cise, law student, for amici curiae NELA/Illinois and the Employment Discrimination Project.

OPINION

Chief Justice FITZGERALD delivered the judgment of the court, with opinion:

Plaintiff, Jerri Blount, appeals from a judgment of the appellate court reversing a multimillion dollar judgment entered by the Cook County circuit court following a jury trial on plaintiff's federal and state retaliation claims against defendant, Jovon Broadcasting Corporation (Jovon). See 376 Ill.App.3d 935, 315 Ill.Dec. 562, 877 N.E.2d 49. The principal issue on appeal is whether the circuit court had subject matter jurisdiction over plaintiff's claims or, stated differently, whether plaintiff's sole source of redress was through the administrative procedures set forth in the Illinois Human Rights Act (Act) (775 ILCS 5/1-101 (West 2000)).

We hold that the circuit court had jurisdiction over plaintiff's claims. We therefore reverse the judgment of the appellate court and remand to that court for further review.

BACKGROUND

On February 23, 2001, plaintiff filed a multicount complaint against Jovon and Joseph Stroud, Jovon's owner and general manager, alleging various claims arising out of plaintiff's employment and discharge by defendants. The complaint was amended several times. Relevant here is plaintiff's fifth amended complaint. Of the several counts plaintiff pled, the present appeal involves only counts III and V.

In count III, styled a "retaliation" claim, plaintiff alleged that defendants took adverse actions against her, including terminating her employment, in violation of the federal Civil Rights Act of 1866 (42 U.S.C. § 1981 (2000)). The gravamen of plaintiff's federal claim is that Stroud (an African-American) retaliated against plaintiff (also an African-American) because plaintiff supported Bonnie Fouts (a Caucasian coworker) in Fouts' federal discrimination suit against Jovon. According to the complaint, plaintiff witnessed some of the offensive conduct of which Fouts complained, and advised Stroud that she believed Fouts' complaints were legitimate. She also allegedly advised Stroud that she would testify truthfully in support of Fouts, but that Stroud instructed plaintiff not to testify against him in any proceeding involving Fouts' claims or to otherwise aid Fouts. According to the complaint, because plaintiff refused to yield, defendants took adverse and retaliatory actions against her, including threats and intimidation and, eventually, suspension and termination of employment in October 2000. Although count III was directed against both defendants, plaintiff later elected to proceed solely against Jovon.

In count V, plaintiff alleged a common law claim for retaliatory discharge against Jovon. Plaintiff alleged:

"It is the public policy of the State of Illinois that witnesses testify truthfully under oath, and in government proceedings. It is a violation of the public policy of the State of Illinois to interfere with the testimony of a witness before a Court of law or public body, or to attempt to compel a witness to testify untruthfully. Perjury is a criminal offense in the State of Illinois. 720 ILCS 5/32-2."

Plaintiff alleged that defendants discharged her, in part, because she refused to commit perjury in Fouts' discrimination proceedings, and that such conduct violated Illinois public policy.

Early on in the litigation, defendants maintained that plaintiff's retaliation claims were not properly before the circuit court. Defendants' arguments, first raised as affirmative defenses, were later encompassed in a section 2-619.1 motion to dismiss. See 735 ILCS 5/2-619.1 (West 2002). In their dismissal motion, defendants argued that the circuit court lacked jurisdiction to adjudicate plaintiff's retaliation claims. Defendants relied on section 8-111(C) of the Act, which states: "Except as otherwise provided by law, no court of this state shall have jurisdiction over the subject of an alleged civil rights violation other than as set forth in this Act." 775 ILCS 5/8-111(C) (West 2000). Defendants argued that plaintiff's federal and state retaliation claims fell squarely within the prohibitions contained in the Act (see 775 ILCS 5/6-101(A) (West 2000)), and that plaintiff was therefore required to seek redress through the Act's administrative procedures. Defendants also argued that plaintiff's claims were "inextricably linked" to a civil rights violation, as set forth in the Act, and that the Act thus preempted plaintiff's claims. The trial court rejected these arguments and the case eventually proceeded to a jury trial on the fifth amended complaint.

We find it unnecessary to recount the trial testimony because the sufficiency of the evidence is not at issue. We do note, however, that following the close of the evidence, the parties agreed that one instruction encompassing both retaliation claims would be given to the jury, rather than separate instructions on each of the two counts. The instruction was intended to simplify matters for the jury. The jury was instructed:

"The plaintiff has asserted the following three claims against the defendants:

One, retaliation and wrongful termination against defendant, Jovon, only[.]

* * *

* * * [P]laintiff alleges that she was terminated by defendant, Jovon, in whole or in part in retaliation for her protected activities, including her refusal to agree to commit perjury and her support of Ms. Fouts' claim of discrimination, and/or or [sic] opposing defendants' treatment of Ms. Fouts.

To succeed on this claim, plaintiff must prove by a preponderance of the evidence that her protected activity was a substantial motivating factor in defendant, Jovon's, decision to terminate her employment."

The jury returned a verdict in favor of plaintiff on her retaliation claims, awarding $257,350 in back pay, $25,000 for pain and suffering, and $2,800,000 as punitive damages. The jury found in favor of defendants on plaintiff's other theories of recovery. The trial court entered judgment on the jury verdict.

Defendants filed a posttrial motion arguing, in relevant part, that defendants were entitled to judgment notwithstanding the verdict on plaintiff's federal and state retaliation claims because the circuit court lacked jurisdiction.¹ Defendants essentially reargued their earlier dismissal motion, maintaining that plaintiff's sole recourse was before the Department of Human Rights. Defendants did not challenge the sufficiency of the evidence with respect to either retaliation claim. While defendants' posttrial motion was pending, plaintiff filed a petition for attorney fees and expenses. Plaintiff argued that as the prevailing party in her section 1981 claim, she was entitled to fees and expenses pursuant to section 1988 (42 U.S.C. § 1988 (2000)). The trial court denied defendants' posttrial motion and granted plaintiff's fee petition, awarding fees and costs in the aggregate amount of $1,182,832.10. Defendants appealed.

The appellate court reversed, holding that the Act "deprives Illinois circuit courts of subject matter jurisdiction over all civil rights claims, regardless of whether they are brought under state or federal law." 376 Ill.App.3d at 949, 315 Ill.Dec. 562, 877 N.E.2d 49. Because the circuit court lacked jurisdiction to entertain plaintiff's retaliation claims, the appellate court reversed the denial of defendants' motion for judgment notwithstanding the verdict as to those claims. 376 Ill.App.3d at 950, 315 Ill.Dec. 562, 877 N.E.2d 49. We allowed plaintiff's petition for leave to appeal (see 210 Ill.2d R. 315), and allowed the National Employment Lawyers Association, the Employment Discrimination Project of the University of Chicago Law School's Edwin F. Mandel Legal Aid Clinic, and the Illinois Trial Lawyers Association to file a joint brief amicus curiae (see 210 Ill.2d R. 345). Because this appeal presents only issues of law, our review proceeds de novo. See In re A.H., 207 Ill.2d 590, 593, 280 Ill.Dec. 290, 802 N.E.2d 215 (2003) (applying de novo standard to jurisdiction issue); Donaldson v. Central Illinois Public Service Co., 199 Ill.2d 63, 89, 262 Ill.Dec. 854, 767 N.E.2d 314 (2002) (applying de novo standard to review of the denial of a motion for judgment notwithstanding the verdict).

ANALYSIS

I. Illinois Human Rights Act

The Act, adopted in 1979, is intended to secure for all individuals in Illinois freedom from unlawful discrimination in connection with employment, real estate transactions, access to financial credit, and availability of public accommodations. Pub. Act 81-1216, eff. in part December 6, 1979 (see Pub. Act 81-1216, § 11-101); 775 ILCS 5/1-102(A) (West 2000). The Act consolidated what had been a patchwork of antidiscrimination law in Illinois by repealing various acts, but incorporating their "principal design, purpose or intent." Pub. Act 81-1216, § 10-108 (repealing the Equal Opportunities for the Handicapped Act (Ill.Rev.Stat.1979, ch. 38, pars. 65-21 through 65-31), the Fair Employment Practices Act (Ill.Rev.Stat.1979, ch. 48, pars. 851 through 867), the Illinois Fairness in Lending Act (Ill.Rev.Stat. 1979, ch. 95, pars. 301 through 307), the Illinois Equal Employment Opportunity Act (Ill. Rev.Stat.1979, ch. 127, pars. 63b71 through 63b90), the act which created a Commission on Human Relations (Ill.Rev.Stat. 1979, ch. 127, par. 214.1...