Women and Justice: Keywords

Domestic Case Law

People v. Reynolds Court of Appeals Fourth District (1995)

Domestic and intimate partner violence

The defendant was convicted of violating an order of protection against his ex-wife by sending her a note with the intent to harass her. He appealed contesting that the statues violates the First and Fourteenth Amendments because it is vague and overbroad. The Court of Appeals rejected the arguments that it was too vague or overbroad because these issues had already been determined previously in other cases. The Court also rejected the defendant’s arguments that the trial court erred in excluding evidence and that the defendant was deprived of a fair trial because of the level of deference given to the state on review.

Wal-Mart Stores, Inc. v. Human Rights Commission Court of Appeals Second District (1999)

Gender discrimination

Ms. McQueary was discharged from Wal-Mart and alleged that her employer violated the Illinois Human Rights Act by discharging her on the basis of gender. Her employer claimed that it discharged her after she left her shift early, which she had done due to harassment from her male co-workers. After the administrative judge recommended liability, the Illinois Human Rights Commission (HRC) sustained the complaint and ordered the award of damage and reinstatement of Mrs. McQueary. Wal-Mart argues that the employee failed to prove the fourth prong of a prima facie cause of unlawful discrimination—that employees in a similar situation who were not members of a protected group were not discharged. The Court of Appeals ruled that this was met though when they examined Wal-Mart’s treatment of similar employees and found that the male employees who also left their shift early were not automatically discharged. The Court affirmed the judgment of the HRC.

Benjamin v. McKinnon Court of Appeals Fourth District (2008)

Domestic and intimate partner violence

The plaintiff sought a protection order against the defendants, a father and son, for orders of protection. The trial court awarded an order of protection against the son, but not against the father. The Court of Appeals considered whether there was a family relationship between the plaintiff and the defendants that permitted issuing an order of protection under the state law and decided that there was a family relationship because the plaintiff’s son had been married to the defendants’ daughter and sister respectively. They relied on previous case law that had found a sufficient relationship between families related by blood. Thus, the Court affirmed the order of the trial court, upholding the order of protection against the son and denying the father’s motion for sanctions.

Trayling v. Board of Fire and Police Commissioners Court of Appeals Second District (1995)

Sexual harassment

Karen McGloon was employed by the village fire department as a secretary. Guy Trayling was a lieutenant with the fire department and worked in the same office as McGloon. On one occasion Trayling kissed McGloon on the cheek and on another he put his han

State v. Human Rights Commission Court of Appeals Fourth District (1989)

Gender discrimination, Sexual harassment

Lynda Savage filed a complaint against the Illinois Department of Corrections alleging that she had been sexually harassed by her immediate supervisor, Nicholas Howell, and discharged in retaliation. Howell would describe women by their physical attribut