Taylor v. The Board of Education of the City of Chicago
10 N.E.3d 383
Ill. App. Ct.2014Background
- Kenneth Taylor, an assistant principal at a Chicago public school, reported suspected child abuse by a special education teacher to DCFS and police on May 16, 2007.
- After the report, school principal Patricia Lewis downgraded Taylor’s evaluation, reassigned/diminished his duties, initiated discipline, and pursued actions culminating in nonrenewal of his assistant principal assignment effective July 1, 2009.
- Taylor sued the Board for common-law retaliatory discharge and for violation of the Illinois Whistleblower Act (740 ILCS 174/), seeking damages for discharge and for ongoing retaliatory conduct through June 30, 2009.
- A jury returned a verdict for Taylor on both claims and awarded $1,000,500 in damages; trial court later awarded fees, costs, and prejudgment interest under the Act.
- On appeal the Board challenged denial of summary judgment/judgment n.o.v., admission of pre-2008/old conduct, and use of a single verdict form; the appellate court reversed the retaliatory discharge verdict, affirmed liability under the Whistleblower Act, vacated damages, and remanded for a new trial limited to damages under the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taylor could maintain a common-law retaliatory discharge claim | Taylor argued he was effectively discharged in retaliation for reporting abuse and that retaliatory discharge applies | Board argued Taylor was not an at-will employee but had a contract-term position (assistant principal) terminable only for cause or nonrenewal at principal’s discretion | Reversed: retaliatory discharge applies only to at-will employees; Taylor was a term employee, so common-law claim fails |
| Whether Taylor was an at-will employee or had a definite term | Taylor relied on rule language about retention and lack of affirmative nonretention to argue ongoing employment | Board relied on Board rules showing assistant principals’ term ends with principal’s contract and that dismissal/renewal is subject to cause/discipline procedures | Held: Taylor had a definite term tied to the principal’s four-year contract and disciplinary protections — not at-will |
| Admissibility of alleged retaliatory acts occurring before Jan 1, 2008 and before Jan 9, 2009 limitations cutoff | Taylor argued the Board’s retaliatory conduct formed a continuing violation extending to the limitations period and was relevant to motive and context | Board argued acts before Jan 1, 2008 were not actionable under the Act and acts before Jan 9, 2009 were time-barred; therefore they should be excluded | Held: Evidence of pre-2008 and pre-2009 acts was admissible to show a continuous course of retaliatory conduct; jury was instructed not to award Act damages for pre-Jan 1, 2008 acts; continuing-violation tolling applied |
| Whether use of a single verdict form for both claims required a new trial | Taylor argued the verdict allocation was clear enough; damages were itemized on the form | Board argued the single form made it impossible to tell whether discharge-related damages were awarded under the tort or under the Act, which provide different remedies | Held: Verdict form ambiguous as to which claim accounted for the discharge damages; because common-law claim was reversed but Act liability stood, remand for new trial solely on damages under the Act was required |
Key Cases Cited
- Fellhauer v. City of Geneva, 142 Ill. 2d 495 (Illinois 1991) (elements of retaliatory discharge tort and public-policy requirement)
- Barr v. Kelso-Burnett Co., 106 Ill. 2d 520 (Illinois 1985) (scope of retaliatory discharge limited)
- Buckner v. Atlantic Plant Maintenance, Inc., 182 Ill. 2d 12 (Illinois 1998) (narrow scope of retaliatory discharge actions)
- Zimmerman v. Buchheit of Sparta, Inc., 164 Ill. 2d 29 (Illinois 1994) (retaliatory discharge limited to at-will employees)
- Bajalo v. Northwestern University, 369 Ill. App. 3d 576 (Ill. App. Ct. 2006) (nonrenewal of contractual term not actionable as retaliatory discharge)
- Callahan v. Edgewater Care & Rehabilitation Center, Inc., 374 Ill. App. 3d 630 (Ill. App. Ct. 2007) (scope of remedies under Illinois Whistleblower Act)
- Feltmeier v. Feltmeier, 207 Ill. 2d 263 (Illinois 2003) (continuing-violation/continuing-tort doctrine for emotional-distress claims)
- Pedrick v. Peoria & Eastern R.R. Co., 37 Ill. 2d 494 (Illinois 1967) (standard for judgment n.o.v.)
- Thornton v. Garcini, 237 Ill. 2d 100 (Illinois 2010) (de novo review for denial of judgment n.o.v.)