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CONGREGATION KOL AMI v. HUMAN REL. COM'N

No. 1-92-2599.

649 N.E.2d 470 (1995)

271 Ill.App.3d 1065

208 Ill.Dec. 414

CONGREGATION KOL AMI, Plaintiff-Appellee, v. CHICAGO COMMISSION ON HUMAN RELATIONS; and the City of Chicago, its Parent Municipal Corporation, Defendants-Appellees (Jeanne Diamond, Intervenor-Appellant).

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied May 10, 1995.

Attorney(s) appearing for the Case

Edwin F. Mandel Legal Aid Clinic (Randall D. Schmidt, Michelle L. Kaplan, and Wendy Berkowitz, and Mark A. Weiss, Senior Law Students, Edwin F. Mandel Legal Aid Clinic, of counsel), Chicago, for appellant Jeanne Diamond.

Chicago Lawyer's Committee for Civ. Rights Under Law, Inc. (Cynthia A. Wilson, of counsel), for amici curiae Women Employed and Chicago ADAPT.

Kelly R. Welsh, Corp. Counsel of City of Chicago, Chicago (Lawrence Rosenthal, Deputy Corp. Counsel, Benna Ruth Solomon, Chief Asst. Corp. Counsel, of counsel), for appellees Chicago Com'n on Human Relations and City of Chicago.

Solomon I. Hirsh, Chicago, for appellee Congregation Kol Ami.

Lee Boothby, Boothby & Yingst, Washington, DC, David J. Hardy, Chicago, for amici curiae Council on Religious Freedom, Evangelical Lutheran Church in America, Nat. Ass'n of Evangelicals, and Gen. Conference of Seventh-Day Adventists.

David V. Kahn, Miriam S. Barasch, Altheimer & Gray, Chicago, for amicus curiae American Jewish Congress.

Justice McCORMICK delivered the opinion of the court:

In 1991 Congregation Kol Ami (Kol Ami), a Reform Jewish religious congregation in Chicago, terminated Jeanne Diamond from the position of cantorial soloist. When she learned that Kol Ami offered this position to a male, Diamond filed a sex discrimination complaint with the Chicago Commission on Human Relations (Commission). She sought compensatory damages but not reinstatement. Kol Ami brought a motion to dismiss...

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