Illinois
How Burlington Northern and Santa Fe Railway Co. v. White applies in Illinois: state-specific rules, key cases, and bar exam notes for Employment Law.
Illinois courts apply the principles of retaliation set forth in Burlington Northern to evaluate claims under the Illinois Human Rights Act (IHRA). The emphasis is on whether the employer's actions would deter a reasonable employee from making a discrimination claim.
In Illinois, to establish a claim for retaliation, an employee must show they engaged in a protected activity, the employer took adverse action against them, and there was a causal connection between the two.
The court ruled that the plaintiff's suspension following a discrimination complaint constituted retaliatory action as it would deter a reasonable employee from seeking redress.
The court found that reassigning the plaintiff to undesirable duties post-complaint was sufficient to establish adverse action under the retaliation standard.
The court determined that the employer’s failure to promote the plaintiff after filing a complaint was a retaliatory act under Illinois law.
Illinois's approach to retaliation claims mirrors the federal standard established in Burlington Northern, focusing on the deterrent effect of the employer's actions. However, Illinois courts also have specific provisions under the IHRA that may expand protections compared to federal law.
Questions on the Illinois bar exam may include scenarios involving retaliation claims under the IHRA, emphasizing the standards set forth in Burlington Northern.