White v. Village of Homewood

Appellate Court of Illinois, First District, Second Division
628 N.E.2d 616 (1993)

ELI5:

Rule of Law:

An exculpatory agreement is unenforceable for lack of consideration if one party's only promise is to perform a pre-existing legal duty. Such an agreement also violates public policy when there is a significant disparity in bargaining power between the parties, such as that between a potential employer and a job applicant.

Facts:

Angela White applied for a position as a firefighter/paramedic with the Village of Homewood.
As part of the application process, White was required to take a physical agility test.
The Illinois Municipal Code legally required the Village of Homewood to administer this test to applicants.
Before taking the test, the Village of Homewood required White to sign an exculpatory agreement titled 'RELEASE OF ALL LIABILITIES.'
The agreement purported to release the Village from any liability for injuries arising from the test.
White signed the agreement to be allowed to participate in the test and continue her job application.
While performing the test by traversing horizontal bars, White fell and sustained injuries.

Procedural Posture:

Angela White filed an amended complaint for negligence against the Village of Homewood in the circuit court (trial court).
The Village of Homewood filed a motion to dismiss the negligence count, arguing it was barred by the exculpatory agreement White signed.
The circuit court granted the Village's motion and dismissed the negligence count with prejudice.
White, as plaintiff-appellant, appealed the dismissal to the Appellate Court of Illinois, First District, Second Division (intermediate appellate court).

Premium Content

Subscribe to Lexplug to view the complete brief

You're viewing a preview with Rule of Law, Facts, and Procedural Posture

Issue:

Is an exculpatory agreement, signed by a job applicant as a condition for participating in a required physical agility test, enforceable when the potential employer has a pre-existing statutory duty to administer the test?

Opinions:

Majority - Justice Hartman

No, the exculpatory agreement is not enforceable. The agreement is void for two primary reasons. First, it lacks consideration because the Village of Homewood had a pre-existing legal duty under the Illinois Municipal Code to administer the physical agility test; performing a pre-existing duty cannot serve as valid consideration for a contract. Second, the agreement violates public policy because the social relationship between the parties involved a significant disparity in bargaining power. As a job applicant under economic compulsion, White had no realistic choice but to sign the waiver, placing her at the mercy of her potential employer's negligence. This situation is analogous to the employer-employee relationship, where such exculpatory clauses are traditionally unenforceable.

Analysis:

This decision extends the public policy doctrine invalidating exculpatory clauses from the employer-employee context to the potential employer-job applicant relationship. It establishes that a municipality cannot enforce a liability waiver for a mandatory component of a job application process, reinforcing the principle that a pre-existing legal duty cannot constitute consideration. This case serves as a key precedent protecting job applicants, particularly in the public sector, from being compelled to waive their rights to recover for negligence as a non-negotiable condition of seeking employment.

Gunnerbot

AI-powered case assistant

Loaded: White v. Village of Homewood (1993)

Try: "What was the holding?" or "Explain the dissent"