Chromium Corp. v. Human Rights Commission

520 N.E.2d 723, 165 Ill. App. 3d 716, 117 Ill. Dec. 372, 1987 Ill. App. LEXIS 3630
CourtAppellate Court of Illinois
DecidedDecember 24, 1987
DocketNo. 86-0674
StatusPublished
Cited by1 cases

This text of 520 N.E.2d 723 (Chromium Corp. v. Human Rights Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chromium Corp. v. Human Rights Commission, 520 N.E.2d 723, 165 Ill. App. 3d 716, 117 Ill. Dec. 372, 1987 Ill. App. LEXIS 3630 (Ill. Ct. App. 1987).

Opinion

PRESIDING JUSTICE McMORROW

delivered the opinion of the court:

Joseph LaRocca (LaRocca) filed a charge of unlawful age discrimination against his former employer, Chromium Corporation (Chromium), before the Illinois Human Rights Commission (the Commission). The Commission adopted and affirmed the decision of the administrative law judge in favor of LaRocca, and Chromium appeals. We reverse on the ground that the evidence did not establish that Chromium terminated LaRocca’s employment because of his age.

Background

Chromium is in the business of designing liners for locomotive engines. LaRocca’s employment at Chromium began at the company’s Chicago plant in November 1977 when he was 50 years old. The Chicago plant manager, Laux (then age 37), initially interviewed LaRocca and recommended that he be hired. Later, the company president interviewed and hired LaRocca to work as third shift foreman. As third shift foreman, LaRocca worked from 11 p.m. to 7 a.m. and supervised six hourly employees who did the honing and plating of the liners.

For approximately the first year and a half of his employment, LaRocca’s immediate supervisor was Laux, the plant manager. Laux’s initial review of LaRocca’s performance, made in 1978, was positive. A year later, in May 1979, Laux’s review of LaRocca was also complimentary, observing that LaRocca “handles hourly people much better in the past four months than ever before; 51 percent of goals completed.”

Three months later, however, in August 1979, Laux gave LaRocca a poor evaluation. He stated that LaRocca showed “no motivation, does not know how to communicate with supervisors, peers or subordinates.” Laux also said that he “fe[lt] the proper steps should be taken to replace this employee.” Laux never discussed with LaRocca any of these evaluations.

When LaRocca began in November 1977, the other supervisory personnel at the Chicago plant were Gabryel (then age 56), day shift honing foreman; Fittanto (age 28), day shift plating foreman; Hendrix (age 50), maintenance foreman; Tavassoli (age 46), technical advisor; and Bemise (age 25), second shift foreman. In 1979, Laux and Bemise were transferred to Chromium’s Texas plant. Gabryel replaced Laux as plant manager; Laux had suggested that Gabryel be given this promotion. Fittanto replaced Gabryel as first shift honing foreman and Mazzanti (age 33), took the position of first shift plating foreman. Sheehan (age 22), who began at Chromium as a hone operator in August 1977, was promoted to second-shift foreman. LaRocca remained as third shift foreman.

Gabryel’s written evaluations of LaRocca in 1979 and 1980 were positive. Gabryel considered LaRocca a good employee, with a good production and safety record. He admitted that LaRocca had a few problems with other supervisors, but added that LaRocca was responsive to Gabryel’s concerns and made improvement in relations with his peers. Gabryel also noted that other foreman had similar problems.

In January 1981, Gabryel received written congratulations on his performance as plant manager. A month later, however, his employment with Chromium was terminated. No reason for the discharge appears in the record. Laux stated at the hearing that he did not participate in the decision to discharge Gabryel.

Laux was transferred back to Chicago to reassume his position as plant manager. Upon his return, he began weekly supervisors’ meetings. LaRocca’s attendance at these supervisors’ meetings required that he return to the plant after completing his regular shift. Initially Laux refused to compensate LaRocca for time spent at the meetings. After LaRocca advised Laux that Fittanto was compensated for time spent at meetings held other than during Fittanto’s normal shift, Laux agreed to pay LaRocca for time spent in the supervisors’ meetings.

LaRocca testified that when he complained to Laux about coming in for the weekly meetings during off-shift time, Laux responded by asking LaRocca if he was “getting too old to hack the hours.” LaRocca stated that Laux also remarked that he had given another employee an opportunity “at his age” to work in the plant even though the employee had only warehouse experience. Laux denied making either of these remarks at any time.

The incidents relied upon by Chromium as grounds for LaRocca’s discharge occurred from March to September 1981. In March, Laux came to the plant one morning during LaRocca’s shift. LaRocca was in his office, reading a book unrelated to his work. He told Laux that there was a “hot tank,” i.e., an electroplating tank that had reached excessive temperatures and caused the plating of the liners to be of poor quality. Laux inspected the plant and discovered a second hot tank. He also noticed that the platers were not wearing proper safety attire and that the plating area was messy. Laux told LaRocca “to pay close attention to the hot tanks.” He also made a written report of the incident. He stated that he made such reports as a matter of general procedure.

Under cross-examination, Laux admitted that hot tanks were a recurrent problem throughout the plant on every shift during the spring and summer of 1981. He testified that other shift foremen also occasionally had two hot tanks throughout their entire shift. He admitted that although he reported the incident of the hot tanks in relation to LaRocca, he never wrote a personnel report regarding the other supervisors’ problems with the hot tanks. Laux also admitted that he did not follow normal procedures by reporting the safety deficiency to the appropriate committee. He further stated that housekeeping was a recurrent problem on all the shifts.

In April 1981, Laux was instructed by his supervisors to make a formal assessment of the performance of all four of his foreman. Laux’s written review of LaRocca noted that LaRocca had improved somewhat with respect to knowledge of processes and observed that LaRocca’s primary weakness was in getting along with his peers and subordinates. Laux ranked LaRocca the least capable of the four foremen.

Laux went to the plant early one day to speak to LaRocca about the review. He again found LaRocca in his office reading a book. He told LaRocca to stop reading and to “get out in the plant.” Laux also told LaRocca not to go into the main office, which was regularly locked during the third shift. Laux wrote a note to LaRocca’s personnel file regarding the incident.

LaRocca’s annual salary review, done by Laux, occurred in May. Because Laux was dissatisfied with LaRocca’s performance, he gave LaRocca a low salary increase. Laux felt that LaRocca’s performance was inadequate because LaRocca read on the job and did not perform his supervisory duties. LaRocca was not pleased with the raise or the review. Laux told him that he would receive more of an increase if his performance improved in the next three to six months.

In late May, LaRocca complained to Laux’s supervisor, Underwood, about LaRocca’s low salary increase. A meeting was held between Underwood, Laux, and LaRocca. The minutes of this meeting show that Underwood told both Laux and LaRocca to improve their working relationship and that Laux was told to treat LaRocca in the same manner in which he dealt with the other foremen at the plant.

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Related

Turner v. Human Rights Commission
532 N.E.2d 392 (Appellate Court of Illinois, 1988)

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Bluebook (online)
520 N.E.2d 723, 165 Ill. App. 3d 716, 117 Ill. Dec. 372, 1987 Ill. App. LEXIS 3630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chromium-corp-v-human-rights-commission-illappct-1987.