Illinois Supreme Court blocks forced disclosure of employer investigations

Sophisticated employers are acutely aware of their obligation to investigate promptly upon receiving a sexual harassment report. But what happens if the accused denies any wrongdoing and responds by demanding to know who made the allegations for purposes of filing a defamation suit against them? The Illinois Supreme Court recently answered the question in a case of first impression (i.e., it had never previously considered the matter).

Flag on the play

Former Chicago Bears star Richard Dent and his company, RLD Resources, had contractual relationships with Constellation NewEnergy, Inc. (formerly a subsidiary of energy giant Exelon). As part of the relationship, he attended events associated with Senior-Pro Tour golf outings sponsored by the company, including one in Philadelphia in June 2016 and another in Chicago in July 2018.

For the July 2018 event, Hall of Famer Dent was a guest at a pre-golf party at the Shedd Aquarium. A female employee of Constellation (Person A) reported that Dent groped her and made comments of a sexual nature during a large gathering on a patio at the aquarium. The same woman also alleged he told her she had “a butt like a sister” at the Philadelphia event in 2016. The company asked outside counsel to investigate.

During the investigation, Constellation’s attorneys also heard from a non-Constellation employee (Person B), who described Dent as drunk and disorderly when he was collecting his golf outing materials at the Marriott Hotel in Chicago at the same event in 2018.

Sacked