Lynch v. Department of Transportation
979 N.E.2d 113
Ill. App. Ct.2012Background
- Lynch and Storm sued the State of Illinois as their employers under the Rights Act for alleged discrimination and retaliation.
- The actions were consolidated in the Fourth District against IDOT (Lynch) and the Illinois State Police (Storm).
- The circuit court dismissed on 2-619 grounds, ruling sovereign immunity barred the suits because the Rights Act lacks a clear waiver.
- The Rights Act defines “employer” to include the State and political subdivisions, but that inclusion is not, by itself, a clear waiver of immunity.
- The 2008 amendments allowed circuit-court filings or Commission review, but the court concluded these amendments do not clearly waive sovereign immunity.
- Plaintiffs must pursue available remedies with the Commission, as immunity remains intact and claims cannot proceed in circuit court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Rights Act waives sovereign immunity. | Lynch/Storm rely on 1980 inclusion of State as employer. | No clear, unequivocal waiver; immunity remains. | No clear waiver; immunity not waived. |
| Whether the 2008 amendments to the Rights Act create a sovereign immunity waiver. | Amendments allow circuit-court actions for all claimants. | No clear waiver; Watkins and Harris support this. | No clear, unequivocal waiver by 2008 amendments. |
| Whether state employees may pursue Rights Act claims in circuit court despite immunity. | Circuit court forum is available under statute. | Immunity bars circuit-court suits; remedies via Commission only. | Immunity bars circuit-court suits; remedies with Commission. |
Key Cases Cited
- Watkins v. Office of the State Appellate Defender, 2012 IL App (1st) 111756 (2012) (rejection of a 2008 waiver by amendment; no clear waiver)
- Harris v. Illinois, 754 F. Supp. 2d 734 (N.D. Ill. 2010) (federal court: no clear waiver of immunity in Rights Act amendments)
- McFatridge v. Madigan, 2011 IL App (4th) 100936 (2011) (sovereign immunity protection of state)
- Lowboy v. Excavating & Lowboy Services, Inc., 388 Ill. App. 3d 554 (2009) (waiver must be clear and unequivocal)
- In re Special Education of Walker, 131 Ill. 2d 300 (1989) (require affirmative statutory language for waiver)
- Brewer v. Board of Trustees of the University of Illinois, 339 Ill. App. 3d 1074 (2003) (sovereign-immunity analysis for state action)