The employee alleged that Cook County denied of his application for reappointment to the medical staff because of his race and national origin. The claim was dismissed because the employee failed to include his Title VII claim in his prior certiorari action that he had filed in Cook County Circuit Court that also sought appeal from said denial of his application for reappointment to said staff.
The Seventh Circuit noted that both Title VII and certiorari actions satisfied the identity of causes of action element of res judicata test where both actions concerned same transaction, and there was no jurisdictional impediment to plaintiff including his Title VII action in his 2006 certiorari action.
Illinois Appellate Court decisions prior to the Illinois Supreme Court decision in Blount, 904 N.E.2d 1 (2009), prohibiting plaintiffs from bringing Title VII actions in circuit court did not require different result.