# Baker v. Miller

> Illinois Supreme Court · May 26, 1994 · 159 Ill. 2d 249

URL: https://www.frixlaw.com/law-library/cases/9741300

## Case

- **Full name:** CATHY BAKER, Appellant, v. GRACE MILLER, D/B/A Miller’s Metropole, Et Al., Appellees
- **Court:** Illinois Supreme Court
- **Decided:** May 26, 1994
- **Citations:** 159 Ill. 2d 249; 201 Ill. Dec. 119; 636 N.E.2d 551; 1994 Ill. LEXIS 76
- **Precedential status:** Published
- **Opinion:** Dissent by Harrison
- **Judges:** Freeman, Harrison
- **Cited by:** 81 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9741300

## How later opinions describe it (automated extraction)

- holding constitutional provision directly prohibiting discrimination in employment was self-executing
- holding IHRA exclusive remedy for employment discrimination claim arising under Section 17

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9741300. Public record. Not legal advice.