The employer appealed, claiming that the trial court erred by tendering three of the Plainitff's proposed jury instructions to the jury relating to the IHRA. The IHRA requires Plaintiff to show a link between her race or religion and defendant's decision not to rehire her when asserting the basis for termination was pretextual.
The Appellate Court held that nothing in record showed that the plaintiff presented direct evidence of discrimination. The jury instructions inaccurately conveyed the law, as instructions failed to identify that the jury had to determine whether the defendant failed to rehire the plaintiff because of her race or religion. Thus, the court erred in giving the instruction that the defendant's reason for termination was based on mixed motive, as the plaintiff failed to present evidence of mixed motive.