Webb v. Lustig
State: Illinois
Court: 4th District Appellate
Docket No: 4-97-0625
Case Date: 09/04/1998
NO. 4-97-0625
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
JAMELLE WEBB, ) Administrative Review
Petitioner, ) of the Human Rights
v. ) Commission
JACQUELINE LUSTIG, Chief Legal ) No. 1996SF0536
Counsel of the Department of Human )
Rights, THE ILLINOIS DEPARTMENT )
OF HUMAN RIGHTS, and MASON COUNTY )
SERVICE COMPANY, )
Respondents. )
_________________________________________________________________
JUSTICE McCULLOUGH delivered the opinion of the court:
Petitioner Jamelle Webb brings this direct review of an
order of Jacqueline Lustig, chief legal counsel (Chief Counsel) of
the Illinois Department of Human Rights (Department), sustaining
the Department's dismissal of petitioner's charges against Mason
County Service Company (respondent) of unlawful discharge from
employment based on her sex and as retaliation. 775 ILCS 5/8-
111(A)(1) (West 1996); 155 Ill. 2d R. 335.
The issues are whether (1) the Department and the Chief
Counsel used the correct legal standard for determining whether
petitioner offered sufficient substantial evidence to justify the
issuance of the complaint; (2) the Department and the Chief Counsel
erred in failing to consider the definition of sexual harassment
contained in the Illinois Human Rights Act (Act) (775 ILCS 5/2-
101(E) (West 1996)) in evaluating petitioner's discharge for
retaliation claim; and (3) the dismissal of the claims relating to
discharge from employment violated petitioner's right to due
process under the United States and Illinois Constitutions (U.S.
Const., amend. XIV; Ill. Const. 1970, art. I, 2). We affirm.
Petitioner's charge of discrimination (Illinois Depart-
ment of Human Rights No. 1996SF0536) alleged she was hired on June
20, 1995, and discharged from her bookkeeper/secretary position on
January 18, 1996; from August 1995 to January 1996, she was
sexually harassed by plant manager Kenny Brown and Mike Hudgins, in
and away from the workplace; and the general manager told her she
was being discharged because it was just not working out and Brown
did not believe their relationship could ever be restored. In
support of her claims for having been sexually harassed, discrimi-
nated against because of her sex, and retaliated against for
opposing unlawful discrimination, petitioner further alleged there
were no complaints about her job performance; the sexual harassment
included disgusting remarks asking her about her breasts and tan
legs; she objected to these comments and refused offers to drink
beer with Hudgins; after Hudgins made sexually derogatory remarks
to her and her boyfriend at the Havana Octoberfest, his behavior
worsened and she reported him; although she complained to her
supervisor, Darrell Batley, by mid-November 1995 her work environ-
ment became extremely hostile; on December 26, 1995, Hudgins and
three other employees threw the shop phone at her; a dead mouse was
placed in her desk drawer; Brown ignored her and refused to answer
questions; she contacted Batley again, and he said he would talk to
Brown, but he did not; and upon discharging her, Batley said he was
sorry it had to end that way.
In its verified response, respondent employer admitted
the dates of hire and discharge, stated petitioner was discharged
for poor performance and for improperly performing her job duties,
and denied the rest of petitioner's allegations.
On February 21, 1997, Rose Mary Bombela, Department
Director, issued a notice of substantial evidence and a notice of
dismissal. There was a finding of substantial evidence to support
the allegations of sexual harassment and harassment based on
petitioner's sex. The charges of discharge based on sex and
discharge based on retaliation were dismissed. Petitioner was
advised she could appeal to the Chief Counsel and, if an Equal
Employment Opportunity Commission (EEOC) number had been assigned
to the case, she could request EEOC to perform a substantial weight
review of the dismissal. Petitioner's claim had been assigned EEOC
No. 21B961513. The record does not indicate whether a substantial
weight review was initiated by petitioner.
The investigative report found the followiong as uncon-
tested facts: petitioner (a) was hired on June 20, 1995, as a
bookkeeper/secretary; (b) worked with Brown and Hudgins on a daily
basis; (c) met with Batley in November 1995 to discuss her job
performance; (d) received a 75
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