Supreme Court to consider whether former Super Bowl MVP has right to know accuser’s identity
By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com
SPRINGFIELD – A case before the Illinois Supreme Court centers on whether a former Super Bowl MVP has a right to learn the identity of a woman who accused him of sexual harassment, allegedly leading to the termination of contracts between his energy services company and a subsidiary of Exelon Corporation.
Richard Dent, a Pro Football Hall-of-Famer and Chicago Bears defensive lineman from 1983 to 1993, is the proprietor of RLD Resources LLC, a business specializing in energy products and services, according to its website. RLD had several energy supply and marketing contracts with Constellation NewEnergy Inc. and related companies, according to court documents. Constellation is a subsidiary of Exelon.
But Dent’s lawyers, led by in-house attorney Paul G. Neilan, alleged that those contracts were terminated on Oct. 1, 2018, after Dent was informed in a Sept. 14, 2018, meeting with two of Constellation’s lawyers that he was the subject of a sexual harassment complaint by a female employee of Constellation.
A letter sent from Constellation to Dent’s lawyers in December 2018 concluded that “although Mr. Dent denied the allegations, his denials were not credible and the investigation concluded that the reports accurately described behaviors that were, at a minimum, in violation of Exelon’s code of business conduct, completely outside the norms of socially acceptable behavior, and demeaning to Constellation employees.”
Now, the court is asked to decide whether the employee – identified in Dent’s court petition as Person A – and a witness to separate “drunk and disorderly” conduct by Dent at a different location than where the alleged harassment occurred – identified as Person B – are protected by the court principle of “qualified privilege,” allowing for their anonymity in a sexual harassment case.
Dent’s lawyers argued that he’s entitled to know the identities and locations of Person A and Person B through the pre-suit discovery process because their statements were false and defamatory. The individuals, not Constellation, are the publishers of the defamatory claims, his lawyers argued.
Constellation’s lawyers argued the employees should remain anonymous because their statements were made as part of a privileged confidential workplace investigation of sexual harassment.
Specifically, Person A alleged that Dent told her at a 2016 Constellation-sponsored golf outing that she had “a butt like a sister.” Then, at a pre-golf outing party held at the Shedd Aquarium in July 2018, Dent allegedly groped the woman, according to court documents.
Person B, the witness cited by Constellation, allegedly noted he observed that Dent was “drunk and disorderly” while picking up golf materials at the nearby Marriott Hotel in Chicago at an event related to the 2018 outing but separate from where the alleged harassment occurred.
Dent’s petition is also seeking the identity of Person C, which his legal team identified in the court filing as an “investigator” examining the harassment claims on behalf of Constellation.
In their own court filings, Constellation’s lawyers noted that the investigators were in fact Grace Speights and Theos McKinney, the two lawyers that spoke to Dent during the Sept. 14, 2018 meeting.
Constellation’s lawyers argued that because Dent now knows the identity of Person C, he can file a defamation suit against them and later seek the identities of Persons A and B.
But Dent’s team said McKinney and Speights did not identify themselves as investigators to Dent at the meeting, and Person C’s identity was not known when the petition before the court was filed, meaning it’s outside of the scope of what the court should consider.
“In order to use the qualified privilege of an employee to report workplace harassment to the employer, Constellation needed to have more facts than it had divulged in the September 2018 meeting, and more facts than it had stated in the December 2018 letter,” Neilan said.
The case started in 2019 in Cook County Circuit Court, which sided with Constellation. But the 1st District Court of Appeals sided with Dent, which led Constellation’s legal team to bring the challenge to the Supreme Court.
Constellation’s attorney, J. Timothy Eaton, of Taft, Stettinius & Hollister LLP, urged the court in oral arguments Wednesday to reverse the appellate court’s decision, saying the “chilling effect” would be “obvious” if Constellation was forced to divulge the identity of the alleged victim and the witness.
“This court must balance a potential defamation plaintiff’s right to redress against the danger of setting the standard to prove an abuse of privilege so low that it effectively chills the victim’s right to speak confidentially and exposes the victim to a retaliatory response,” Eaton argued.
The fact that Dent denies the allegations was not enough to overcome the qualified privilege because Dent did not provide facts to show that the allegations were made “in bad faith,” Eaton said.
But Justice Rita B. Garman questioned whether someone in Dent’s position could ever “gain enough info to overcome” qualified privilege if the identity of the accuser remains unknown.
Eaton reiterated the court must balance Dent’s rights to redress “with the rights of the victim who, in an interview, assumed confidentiality.”
“The studies have shown that in combating sexual harassment in the workplace, less than 14 percent of the workplace sexual harassment victims report their harassers,” he said. “Most of them don’t report because they fear retaliation and because confidentiality concerns are part of why they don’t come forward to complain.”
More than 30 organizations, including ACLU Illinois, Women Employed and the National Women’s Law Center, filed a brief in support of Constellation’s argument.
Dent’s team argued in court filings that because the contracts were at-will, Constellation could have protected the identities of persons A, B and C by terminating the contracts without mention of sexual harassment. That they did not do so means “Constellation’s actions repudiate its own warning” regarding fears of retaliation, according to a court filing.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Rush rips USDA over plight of black farmers
Spread the love‘House is on fire,’ congressman says From staff reports U.S. Rep. Bobby L. Rush (D-1st) recently questioned U.S. Department of Agriculture Secretary Tom Vilsack about what Rush called “the dire prognosis of black farmers in the U.S. and the steps USDA is taking to help minority farmers.” “As you well know, our nation’s…
Charge man with Archer Heights carjacking
Spread the loveBy Tim Hadac Police say they’ve solved a carjacking that occurred in Archer Heights earlier this month. An 18-year-old Southeast Side man was charged with aggravated vehicular hijacking in connection with the crime. Monte Handley, of the 9000 block of South Muskegon, was apprehended by police in the 7500 block of South Ellis…
Charge man in shooting of 2
Spread the loveBy Tim Hadac A 22-year-old West Lawn man was charged with two counts of aggravated battery, as well as aggravated unlawful use of a weapon, after he was arrested in the 3700 block of West Marquette Road at 4:06 p.m. Monday, Jan. 17. Isaiah Barco allegedly shot two men in a crime that…
Many crimes down in Orland, but weapons arrests concerning
Spread the loveBy Jeff Vorva Orland Park Police Chief Joseph Mitchell had mostly good news when revealing the village’s 2021 crime statistics. But one glaring area that has him bothered is the number of unlawful use of a weapon arrests that have been shooting up. Mitchell and Mayor Keith Pekau attribute it to felons from…
Former GOP allies to battle for county board race
Spread the loveGorman wants to reclaim seat from Morrison By Bob Bong A battle royale is brewing in the race for the Republican nomination for Cook County Board’s 17th District. The 17th District is one of only two county board seats held by Republicans and it has only ever had a Republican commissioner dating back…
Palos Park inches closer to gaming solution
Spread the loveBy Jeff Vorva Signs are pointing to the fact there probably will be limited video gaming in Palos Park. Mayor John Mahoney and the village council rejiggered a few things with an ordinance and some of the village codes and the end result is that Monday they asked village attorneys to look into…
Police reports
Spread the loveShot in the head, killed on Archer A 33-year-old man was shot in the head and killed as he drove a vehicle in the 4200 block of South Archer at 5:13 a.m. Saturday, Jan. 22. The victim was taken to Mount Sinai Hospital, where he was pronounced dead at 5:47 a.m. Police said…
Tabares backs West Lawn Branch Library
Spread the love Twenty-third Ward Ald. Silvana Tabares (left) recently toured the renovated West Lawn Branch Library, 4020 W. 63rd St.,, with new branch manager Mina Duarte. Details about the renovation’s may be found in the West Lawn column in the January 28 Greater Southwest News-Herald. –Supplied photo
Chuy backs Starbucks unionization
Spread the love U.S. Rep Jesús “Chuy” García (D-4th), white mask, recently stood with those who support unionization of Starbucks workers, outside a shop in the city. Workers are attempting to organize under the banner of Chicago and Midwest Joint Board, Workers United, an affiliate of the Service Employees International Union. –Supplied photo
Neighbors
Niego Real Estate salutes America again
Spread the love. Popular flag program underway . By Tim Hadac Clearing and Garfield Ridge residents who want to decorate their blocks in red, white and blue this Independence Day are encouraged to contact Niego Real Estate and reserve a supply of U.S. flags at no charge. The popular program to promote patriotism and community…
Lyons Mental Health Commission pulls LeaderShop funding
Spread the loveExecutive director accused of harassment From staff reports The local nonprofit service community was jolted when nearly $300,000 in mental health funds was withdrawn by a Lyons Township agency from the Western Springs LeaderShop, a social service agency that has provided youth programs for nearly 40 years. The Lyons Township Mental Health Commission…
Mount Carmel, Marist and Oak Lawn among 84 teams at Riverside-Brookfield shootout
Spread the loveBy Xavier Sanchez Correspondent High school boys basketball does not stop in March and pick back up in late autumn. For many players, playing hoops is a year-round commitment. AAU ball is a big reason for, that there are summer camps, shootouts or other events at most schools during the summer. The…
Dog lovers to celebrate ‘Fur of July’
Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . I’m starting out with some fun news. The West Lawn Dog Park Advisory Council will be hosting a Fur of July Pet Parade on Saturday, June 29 from 10:30 a.m. to 12:30 p.m. at West Lawn…
Fourth of July not happy for everyone
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Happy Fourth of July. Cannot believe I am already saying that, time sure goes. Hope it is safe and quiet for everyone and especially all of our house pets. For us its shutting…
St. Rita’s transformation is worth a look
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . St. Rita of Cascia Church, 63rd and Fairfield, continues to undergo its transformation from the sunflowery/harvest golds and browns of the 1960s and 1970s to the calming pastels of the 2000s. Since the basilica-style church…
Loss to Courage brings Red Stars’ winless streak to five games
Spread the loveBy Jeff Vorva Correspondent The Chicago Red Stars historic start to the season is all but forgotten. In the last five matches, the Red Stars have failed to win, with the latest setback being a 3-1 loss on the road to North Carolina on June 23 in an NWSL battle. The Red Stars…
Summer League Basketball | Illinois powers compete at Riverside-Brookfield Shootout
Spread the loveBy Xavier Sanchez Correspondent School’s out for the summer, but high school athletes across Illinois are remaining active during the summer sports season. This includes basketball players, who can be found at camps, open gyms, camps and even weekend tournaments. Among the more high profile hoops action in the area was the Riverside-Brookfield…
Dana Rettke and Ryan Murphy heading to Paris Summer Games
Spread the loveBy Jeff Vorva Correspondent Area fans of the Summer Olympics will have extra reasons to cheer athletes from the United States in the upcoming Paris Games. Dana Rettke of Riverside is a member of the U.S. women’s volleyball team and Palos Heights native Ryan Murphy will represent the country in swimming. Rettke, a…
Hope Church feeds the hungry at Marquette Park
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Last week on the way to our CAPS meeting at the Marquette Park Fieldhouse, I stopped in at the Tuesday Community Dinner hosted by Hope Church every week in the auditorium. Pastors Ben and Jordyn…