Sangamon County Sheriff's Department v. Illinois Human Rights Commission

State: Illinois

Docket No: 105517 & 105518 con. Rel

Case Date: 04/16/2009

Preview:Docket Nos. 105517, 105518 cons.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

SANGAMON COUNTY SHERIFF'S DEPARTMENT, Appellee, v. THE ILLINOIS HUMAN RIGHTS COMMISSION et al., Appellants. Opinion filed April 16, 2009.

JUSTICE BURKE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Thomas and Kilbride concurred in the judgment and opinion. Justice Karmeier dissented, with opinion, joined by Justice Garman. Justice Freeman took no part in the decision.

OPINION Donna Feleccia, a records clerk with the Sangamon County sheriff's department (Sheriff's Department), filed a charge of sexual harassment and retaliation against the Sheriff's Department and Ron Yanor, a sergeant. Yanor was a supervisor in the Sheriff's Department but was not Feleccia's supervisor. Following a hearing, an administrative law judge (ALJ) concluded that Feleccia failed to establish her claims and recommended that the claims be dismissed with prejudice. The Illinois Human Rights

Commission (Commission) adopted the ALJ's recommendation to dismiss the retaliation charge but found that Feleccia established sexual harassment based on a hostile work environment. The Commission found as a matter of law that the Sheriff's Department was strictly liable for Yanor's harassment of Feleccia because he was a supervisory employee. 775 ILCS 5/2

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