Schwartz v. Illinois Human Rights Commission

Petitioner filed a complaint with the Illinois Human Rights Commission against her former employers alleging civil rights violations resulting from sexual harassment. The respondents failed to participate in the administrative proceedings and the ALJ ultimately recommended that the commission award monetary relief. The employers then asked the commission to set aside those recommendations and to remand for a full hearing on the merits. The commission declined to review the ALJ’s recommended order and the respondents petitioned the appellate court for review. The appellate court affirmed in part and vacated in part, vacating the commission’s order to the extent it found the employer liable for back pay and interest but affirmed all other findings regarding liability. The appellate court also vacated the commission’s award for emotional distress and remanded with instructions for the commission to conduct a hearing on the amount of damages for emotional distress and to consider petitioner’s request for additional attorney fees and costs. (HARRIS and GRISCHOW, concurring)