Davis v. Human Rights Commission

615 N.E.2d 1376, 246 Ill. App. 3d 420, 186 Ill. Dec. 319
CourtAppellate Court of Illinois
DecidedJune 30, 1993
Docket4-92-0546
StatusPublished
Cited by5 cases

This text of 615 N.E.2d 1376 (Davis 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
Davis v. Human Rights Commission, 615 N.E.2d 1376, 246 Ill. App. 3d 420, 186 Ill. Dec. 319 (Ill. Ct. App. 1993).

Opinion

JUSTICE GREEN

delivered the opinion of the court:

On January 23, 1986, petitioner Lillie M. Davis, acting pursuant to section 7 — 102(A)(1) of the Illinois Human Rights Act (Act) (Ill. Rev. Stat. 1985, ch. 68, par. 7 — 102(A)(1)), filed a charge with the Department of Human Rights (Department) alleging she was discharged from employment by her employer, Illinois State University (University), because she was black. On April 27, 1988, the Department filed a complaint with the Human Rights Commission (Commission) against the University making the same allegation. After hearing evidence, an administrative law judge (ALJ) entered an order on May 3, 1990, finding that the stated reasons for petitioner’s discharge were a pretext and recommending the University be found guilty of racial discrimination. After hearing argument, a three-member panel of the Commission, with one member dissenting, issued an order on February 25, 1992, rejecting the recommendation of the ALJ and dismissing the complaint. (In re Davis (Feb. 25, 1992), _ Ill. Hum. Rights Comm’n Rep. _ (HRC No. 1986 — CF—1435).) Petitioner has taken administrative review to this court. (Ill. Rev. Stat. 1991, ch. 68, par. 8 — 111(A)(1).) We affirm.

The United States Supreme Court has set forth a three-part analysis involving the allocation of the burden of proof in cases dealing with claims of employment discrimination brought under title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq. (1988)). (McDonnell Douglas Corp. v. Green (1973), 411 U.S. 792, 36 L. Ed. 2d 668, 93 S. Ct. 1817; Texas Department of Community Affairs v. Burdine (1981), 450 U.S. 248, 67 L. Ed. 2d 207, 101 S. Ct. 1089.) This approach was adopted by the Illinois Supreme Court in analyzing claims of employment discrimination brought under the Act. Zaderaka v. Illinois Human Rights Comm’n (1989), 131 Ill. 2d 172, 545 N.E.2d 684.

The initial burden of proof is carried by the employee to establish a prima facie case of racial discrimination. The necessary facts to establish a prima facie case vary depending on the individual factual situations. (McDonnell Douglas, 411 U.S. at 802 n.13, 36 L. Ed. 2d at 677 n.13, 93 S. Ct. at 1824 n.13.) Here, the parties do not dispute the Commission’s finding that petitioner established a prima facie case of racial discrimination. The evidence indicated that Davis was (1) a black female; (2) hired by the University as a learner building service worker in the learner program on October 1, 1984; (3) subsequently certified as a probationary building service worker; (4) allegedly qualified for the position of building service worker; and (5) discharged from her position on August 28, 1985.

If the employee establishes a prima facie case, a rebuttable presumption arises that the employer unlawfully discriminated against the employee and the burden then shifts to the employer to articulate some legitimate, nondiscriminatory reason for the employee’s discharge. (McDonnell Douglas, 411 U.S. at 802, 36 L. Ed. 2d at 678, 93 S. Ct. at 1824.) The employer need not persuade the trier of fact that it was actually motivated by its articulated reasons for discharging the employee, but “must clearly set forth, through the introduction of admissible evidence, the reasons for the [employee’s] rejection. *** If the [employer] carries this burden of production, the presumption raised by the prima facie case is rebutted, and the factual inquiry proceeds to a new level of specificity.” Burdine, 450 U.S. at 255, 67 L. Ed. 2d at 216, 101 S. Ct. at 1094-95.

Here, the ALJ and the Commission concluded that the University had articulated legitimate, nondiscriminatory reasons for discharging petitioner. Those reasons were (1) poor productivity, and (2) unsatisfactory attendance. Burdine clearly indicates that the employer does not have the burden of persuading the trier of fact it was actually motivated by the articulated reasons for the discharge, but that a sufficient showing is made “if the [employer’s] evidence raises a genuine issue of fact as to whether it discriminated against the [employee].” (Burdine, 450 U.S. at 254-55, 67 L. Ed. 2d at 216, 101 S. Ct. at 1094.) As we will explain, we deem the evidence was sufficient here to meet this standard.

Thus, the issue before the trier of fact was whether, more likely than not, the University’s stated reasons for firing petitioner were a pretext for a racially motivated discharge. (McDonnell Douglas, 411 U.S. at 805, 36 L. Ed. 2d at 679, 93 S. Ct. at 1826.) “This [issue] merges with [the employee’s] ultimate burden of persuading the trier of fact that the employer unlawfully discriminated against [the employee]. [Citation.] This ultimate burden remains at all times with [the employee].” (Zaderaka, 131 Ill. 2d at 179, 545 N.E.2d at 687.) The employee may establish pretext in one of two ways: “[Esther directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence.” Burdine, 450 U.S. at 256, 67 L. Ed. 2d at 217, 101 S. Ct. at 1095.

Before we discuss the evidence in this case, we must also discuss the standard of review. As we have mentioned in the past, the Act has an unusual provision with regard to standards of review. (See Sherman v. Human Rights Comm’n (1990), 206 Ill. App. 3d 374, 385, 564 N.E.2d 203, 211; Carver Lumber Co. v. Human Rights Comm’n (1987), 162 Ill. App. 3d 419, 424, 515 N.E.2d 417, 421.) Section 8A — 103(E)(2) of the Act directs that the “Commission shall adopt the hearing officer’s findings of fact if they are not contrary to the manifest weight of the evidence.” (Ill. Rev. Stat. 1991, ch. 68, par. 8A — 103(E)(2).) However, that is of no great significance to us because we are directed to sustain the findings of the Commission unless its findings are contrary to the manifest weight of the evidence. (Ill. Rev. Stat. 1991, ch. 68, par. 8 — 111(A)(2).) Thus, here where the findings of the two bodies differ, we give deference to the findings of the Commission.

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Cite This Page — Counsel Stack

Bluebook (online)
615 N.E.2d 1376, 246 Ill. App. 3d 420, 186 Ill. Dec. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-human-rights-commission-illappct-1993.