employer may rebut presumption (Illinois) · Go Syfert
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employer may rebut presumption in Illinois

7 Illinois opinions name it 1 courts 2003–2023 2 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Zaderaka v. Illinois Human Rights Commissiongreen
ill · 1989 · cited in 2 Illinois opinions naming this issue, 2020–2023
2 sentences

2023To establish a prima facie case of disability discrimination, the petitioner must demonstrate: “(i) she was disabled within the definition of the [Act]; (ii) her disability is unrelated to her ability to perform the functions of the job she was hired to perform; and (iii) an adverse job action was taken against her related to her disability.” Kreczko v. Triangle Package Machinery Co., 2016 IL App (1st) 151762, ¶ 37 . ¶ 29 Once a prima facie case is established, “a rebuttable presumption arises that the employer unlawfully discriminated against the petitioner, and the employer may rebut the pre

2023If the employer carries its burden, the presumption of unlawful discrimination falls and the petitioner must prove, by a preponderance of the evidence, that the employer’s articulated reason was “untrue and a pretext for discrimination.” Id. (citing Zaderaka, 131 Ill. 2d at 179 ). ¶ 30 In this case, the Commission did not abuse its discretion by sustaining the dismissal of petitioner’s charge of disability-based discrimination for “lack of substantial evidence.” The Commission properly concluded that petitioner failed to establish a prima facie case of disability- based discrimination, where t

12
Burns v. Bombela-Tobiasgreen
illappct · 2020 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023To establish a prima facie case of disability discrimination, the petitioner must demonstrate: “(i) she was disabled within the definition of the [Act]; (ii) her disability is unrelated to her ability to perform the functions of the job she was hired to perform; and (iii) an adverse job action was taken against her related to her disability.” Kreczko v. Triangle Package Machinery Co., 2016 IL App (1st) 151762, ¶ 37 . ¶ 29 Once a prima facie case is established, “a rebuttable presumption arises that the employer unlawfully discriminated against the petitioner, and the employer may rebut the pre

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Texas Department of Community Affairs v. Burdine green
scotus · 1981
2 sentences

2019Id. at 257 , 101 S.Ct. 1089 .

2019Id. at 257 , 101 S.Ct. 1089 .

22019–2019
Raintree Health Care Center v. Illinois Human Rights Commission green
ill · 1996
2 sentences

2003Raintree, 173 Ill. 2d at 481 , 672 N.E.2d at 1141 .

2003Raintree, 173 Ill. 2d at 481 , 672 N.E.2d at 1141 .

22003–2003
BUDZILENI v. Department of Human Rights green
illappct · 2009
1 sentence

2023If the employer articulates a legitimate reason, the plaintiff must prove by a preponderance of the evidence “that the employer’s reason was untrue and was pretext for discrimination.” Budzileni, 392 Ill.

12023–2023
Young v. Illinois Human Rights Commission green
illappct · 2012
1 sentence

2023App. 3d 422, 444 (2009)), and “the employer may rebut the presumption by articulating a legitimate, nondiscriminatory reason for its decision.” Young, 2012 IL App (1st) 112204, ¶ 36 .

12023–2023
Kreczko v. Triangle Package Machinery Co. green
illappct · 2016
1 sentence

2023To establish a prima facie case of disability discrimination, the petitioner must demonstrate: “(i) she was disabled within the definition of the [Act]; (ii) her disability is unrelated to her ability to perform the functions of the job she was hired to perform; and (iii) an adverse job action was taken against her related to her disability.” Kreczko v. Triangle Package Machinery Co., 2016 IL App (1st) 151762, ¶ 37 . ¶ 29 Once a prima facie case is established, “a rebuttable presumption arises that the employer unlawfully discriminated against the petitioner, and the employer may rebut the pre

12023–2023

Statutes the citing opinions construe

IL § 775 ILCS 5/1-101 (5) IL § 735 ILCS 5/2-1005 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 29 (1996–2022) IL 7 (2003–2023) MA 6 (1995–2026) AK 6 (1992–2022) PA 6 (2004–2024) CA 5 (1985–2025) TX 5 (1995–2024) DC 4 (1997–2021) MI 3 (2021–2026) WA 3 (2014–2015) NY 3 (2009–2016) ME 2 (1992–2001) VA 2 (1999–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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