holding constitutional provision directly prohibiting discrimination in employment was self-executing
How later courts described this case
- holding constitutional provision directly prohibiting discrimination in employment was self-executing
- holding IHRA exclusive remedy for employment discrimination claim arising under Section 17
- “Any attempt to broaden or narrow the scope of the [Human Rights] Act is necessarily a matter for the legislature”
- Because Section 17 says allows enforcement of the rights provided therein, private actions may be brought “in the absence of implementing legislation.”
Written by the judges who cited it.
The opinion
JUSTICE HARRISON, dissenting:
For the reasons set forth in Ritzheimer v. Insurance Counselors, Inc. (1988), 173 Ill. App. 3d 953 , I believe that an employee fired from her job because of gender discrimination is entitled to bring an action directly under article I, section 17, of the 1970 Illinois Constitution (Ill. Const. 1970, art. I, § 17) where, as here, the employer has fewer than 15 employees. Plaintiffs complaint should therefore have survived defendants’ motion to dismiss. Accordingly, I dissent.