Rozsavolgyi v. The City of Aurora

Rozsavolgyi filed a charge of discrimination on the basis of disability with the Illinois Department of Human Rights against the city of Aurora. Rozsavolgyi had been employed by the city from 1992 until she was involuntarily discharged in 2012. Months later, Rozsavolgyi was notified that she had the right to commence a civil action. Rozsavolgyi filed suit, alleging civil rights violations under the Illinois Human Rights Act, 775 ILCS 5/1-101, including failure to accommodate her disability, disparate treatment, retaliation, and hostile work environment. The circuit court certified three questions for permissive interlocutory review to the appellate court under Illinois Supreme Court Rule 308. After the appellate court addressed each question Rozsavolgyi obtained a certificate of importance under Rule 316 as to one question: Does the Local Government and Governmental Employees Tort Immunity Act, 745 ILCS 10/1, apply to a civil action under the Human Rights Act where the plaintiff seeks damages, reasonable attorneys’ fees, and costs? If yes, should the court modify, reject or overrule its prior holdings that the Tort Immunity Act applies only to tort actions and does not bar actions for constitutional violations? The Illinois Supreme Court vacated and remanded the appellate court’s response. The question is “improperly overbroad, should not have been answered, and does not warrant” review. The question ignores the breadth of the Human Rights Act, which provides for numerous types of civil actions for unlawful conduct in a variety of contexts. View "Rozsavolgyi v. The City of Aurora" on Justia Law