A federal judge in Chicago recently allowed a woman’s lawsuit alleging intentional infliction of emotional distress against her employer to move forward, ruling that the claim is not preempted by the Illinois Workers’ Compensation Act. In Phillips v. Exxon Mobil Corp., Plaintiff’s lawsuit, brought under Illinois law (in federal court due to a federal claim in the suit as well) alleges that co-workers and supervisors subjected her to threats of physical abuse and directed sexist and homophobic slurs at her while at work, causing her emotional distress.
Exxon asked the judge to dismiss the claim because Plaintiff’s damages should fall under the Illinois Workers’ Compensation Act. The judge agreed that the Act pre-empted plaintiff’s lawsuit with respect to injuries intentionally inflicted on her by her co-workers because it is an unforeseen event by the person to whom it happens, and thus, an “accident.” The judge also agreed that any claims for negligence, such as negligent infliction of emotional distress or negligent retention and supervision at work, are limited to seeking remedies under the Act as well because they are “accidental injuries.” However, and most importantly, the judge ruled that the Act does not preempt claims alleging an employer intentionally inflicted injury on an employee. Intentional acts are not accidental when the employer directly authorizes the behavior or the employer’s “alter ego” (such as a supervisor) commits the action.
If you have a question regarding the Illinois Workers’ Compensation Act or any matters regarding labor and employment law, Rock Fusco & Connelly has knowledgeable attorneys prepared to answer your questions.