In the Matter of: C.R.M. v. Chief Legal Counsel of the Illinois Department of Human Rights

State: Illinois

Court: 1st District Appellate

Docket No: 1-06-2447 Rel

Case Date: 04/17/2007

Preview:SECOND DIVISION April 17, 2007

No. 1-06-2447 IN THE MATTER OF: C.R.M., Petitioner-Appellant, v. CHIEF LEGAL COUNSEL OF THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS, THE DEPARTMENT OF HUMAN RIGHTS, and CITY OF COUNTRY CLUB HILLS, Respondents-Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from an order of the Chief Legal Counsel of the Illinois Department of Human Rights.

PRESIDING JUSTICE WOLFSON delivered the opinion of the court: Petitioner C.R.M. filed a charge of discrimination with the Illinois Department of Human Rights (Department), alleging the City of Country Club Hills discriminated against him by denying him employment based on his race, age, sex, and previous arrest record, in violation of sections 2-102(A) and 2-103(A) of the Illinois Human Rights Act (Act) (775 ILCS 5/2-102(A), 2-103(A) (West 2004)). After conducting an investigation, the Department

issued a notice of dismissal for lack of substantive evidence. Petitioner filed a request for review by the Chief Legal Counsel of the Department. dismissal. The Chief Legal Counsel sustained the We affirm.

Petitioner appeals.

1-06-2447 FACTS In August 2004, petitioner, a fifty-year-old AfricanAmerican male, interviewed for the position of Director of Community Development with Henrietta Turner, the City Manager, and Dwight Welch, the City Mayor. In a letter dated September The offer

14, 2004, the City offered petitioner the position.

was contingent on petitioner's successful completion of a physical examination and a background investigation. background investigation included an inquiry into the petitioner's criminal history. On September 29, 2004, petitioner signed an "Authorization to Release Information," which authorized the release of "any and all information that you may have concerning me, my employment (work) and educational records, my reputation, and my financial and credit status" to the City's police department. The release The

included "any and all medical, physical and mental records and reports, including all information of confidential or privileged nature, and photocopies of same, if possible." The City's police

department conducted a background check on petitioner, using a fingerprint card he supplied to the police department on a form entitled "Criminal Justice Applicant," to obtain his criminal record from the Department of State Police. The criminal

background check revealed petitioner had eight alias names with

2

1-06-2447 seven different birth dates. The background check also revealed

numerous arrests and four criminal misdemeanor convictions

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