Can a City Enforce its Human Rights Ordinance Against a Park District?
In
a case of interest to both our municipal and park district clients, the
Illinois Court of Appeals Fourth District recently ruled that the City of
Decatur may enforce its Human Rights ordinance against the Decatur Park
District. Decatur Park District v. City of Decatur, 2016 IL App (4th)150699.
The Park District had argued that
the City had no authority over employment decisions of the Park District. Allowing the City to proceed against the Park
District “would interfere with its authority pursuant to the Park District Code
to manage its own affairs.” However, the court rejected this argument relying on a First District case finding that Cook
County had authority to enforce its Human Rights Act against a school district
(Bremen Community High School District No
228 v. Cook County Commission on Human Rights, 2012 IL App (1st)
112177).
The
court said the legislature did not provide park districts with authority to
discriminate or retaliate against their employees for filing a complaint
alleging discrimination. Therefore the
city does not interfere with park district authority or frustrate its core
functions. The court further stated that
local governments were given authority under the Illinois Human Rights Act to
police discrimination (775 ILCS 5/7-108A “A political subdivision, ….may create
a local department or commission ….to promote the purposes of this Act…and
secure for all individuals within the jurisdiction of the political
subdivision…freedom from unlawful discrimination…”)
In
the Decatur case, the Park District sought the arrest of an employee for
surreptitiously recording a conversation with her supervisor. The employee alleged the District only sought
her arrest because she had recently filed a discrimination complaint against
the district. The Decatur Human Rights
officer found probable cause to believe the District had retaliated against the
employee for filing a discrimination complaint.
The
Decatur case helps resolve the legal relationship between municipal and park
district authority in relation to Human Rights matters. The case also illustrates the need to consult
with counsel when faced with employment discrimination matters.
Post Authored by Steve Mahrt, Ancel Glink
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