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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

Intentional Infliction of Emotional Distress Based On Sexual Orientation Discrimination Preempted By The Illinois Human Rights Act

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In Schroeder v RGIS, Inc., 2013 IL App (1st) 122483 (June 11, 2013), the plaintiff filed a claim alleging intentional infliction of emotional distress against his former employer. The basis of his intentional infliction claim was allegations of discrimination and retaliation based on the plaintiff’s sexual orientation. The Court dismissed the plaintiff’s complaint and ruled it was a tort claim inextricably linked to a sexual orientation discrimination claim under the Illinois Human Rights Act.

Therefore, the plaintiff’s claim was preempted and barred by the Illinois Human Rights Act. Further, the Court found that the plaintiff’s claim was compensable under the Illinois Workers’ Compensation Act as a physical-mental injury. Thus, the plaintiff’s was also preempted and barred by the exclusivity provision of the Illinois Workers’ Compensation Act.

Categories Employment Law



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