Talley v. Washington Inventory Service

CUDAHY, Circuit Judge. Kimberly Talley was employed by Washington Inventory Service until it terminated her for having a social relationship with a co-employee whom she ultimately married. She sued, alleging breach of contract and retaliatory discharge. Defendants removed the suit to federal court on grounds of diversity jurisdiction, 28 U.S.C. § 1332(a), and the district court dismissed her complaint for failure to state a claim. On appeal, Talley challenges only the dismissal of the second count of her complaint which alleged that her termination by Washington Inventory violates Illinois public policy that favors marriage. In dismissing the retaliatory discharge count, the district court observed that the policy upon which Talley based this claim appeared to be embodied in the Illinois Human Rights Act, which makes it a civil rights violation for any employer to discharge an employee ""on the basis of unlawful discrimination."" 775 ILCS 5/2-102(A). Pursuant to 775 ILCS 5/1-103(Q), unlawful discrimination includes discrimination because of an employee's marital status. ""Marital status"" in turn is defined rather capaciously as ""the legal status of being married, single, separated, divorced or widowed."" 775 ILCS 5/1-103(J). In this respect, the district court questioned whether an adverse employment decision based on the existence of a social relationship between an unmarried man and woman fell within the public policy embodied in the Illinois Human Rights Act and related decisional law. Assuming that it did, however, the district court held that exclusive jurisdiction over such a claim is conferred upon the Illinois Human Rights Commission pursuant to Mein v. Masonite Corp., 109 Ill.2d 1, 7, 485 N.E.2d 312, 92 Ill. Dec. 501 (1985). We affirm.