Illinois Courts Lacked Jurisdiction To Hear Federal Civil Rights Claims

The intermediate appellate court of Illinois has reversed a judgment upon a jury trial because the trial court lacked jurisdiction.

In Blount v. Stroud, No. 1-06-2428, 2007 WL 2820964 (Ill. App. (1st Dist.) Sept. 28, 2007), the plaintiff sued her former employer for common law retaliatory discharge and for violation of 42 U.S.C. § 1981, ultimately receiving a favorable jury verdict of over $3 million in largely punitive damages.

However, the appellate court held that the Illinois Human Rights Act provided that the Illinois Human Rights Commission was the exclusive venue for hearing civil rights claims in Illinois in the first instance, and that trial courts were authorized only to hear such matters on administrative review.

Intersting footnote: The court noted that the Act has been amended so that beginning in 2008 plaintiffs may bring civil rights claims before either the Commission or the trial courts. Thus, the problem in Blount is not likely to be repeated in the future.