Kalush v. Department of Human Rights Chief Legal Counsel

700 N.E.2d 132, 298 Ill. App. 3d 980, 233 Ill. Dec. 31
CourtAppellate Court of Illinois
DecidedAugust 19, 1998
Docket1-97-2771
StatusPublished
Cited by27 cases

This text of 700 N.E.2d 132 (Kalush v. Department of Human Rights Chief Legal Counsel) 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
Kalush v. Department of Human Rights Chief Legal Counsel, 700 N.E.2d 132, 298 Ill. App. 3d 980, 233 Ill. Dec. 31 (Ill. Ct. App. 1998).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Margaret Kalush, the petitioner, filed an age discrimination charge with the Illinois Department of Human Rights (the Department) after being terminated by her employer, Deluxe Corporation (Deluxe). The Department conducted an investigation and dismissed petitioner’s charge, finding a lack of substantial evidence. That dismissal was affirmed by the chief legal counsel of the Department and the petitioner seeks judicial review of that order. 775 ILCS 5/7 — 101.1, 8 — 111(A)(1) (West 1996). On appeal, Kalush contends that the chief legal counsel abused her discretion by failing to investigate her charge further and in sustaining the Department’s dismissal of her charge. For the reasons discussed below, we affirm.

FACTS

Petitioner alleged in her employment discrimination charge, filed with the Department on June 20, 1996, that she began employment with Deluxe, a company that produces checks and other business forms, in 1973 as an order entry clerk. At the time of her discharge she was employed as a department manager. The petitioner alleged that she was discharged on January 31, 1996, at the age of 42. She stated that during the course of her employment she had received “exemplary performance reviews, and was otherwise discharging all of her responsibilities in an appropriate fashion at the time of her discharge.” The petitioner alleged that she was replaced by an existing employee, Cheryl Thompson, who was believed to be under the age of 40. Petitioner furthe^ alleged that she was more experienced than Thompson and better qualified. She contended that Deluxe’s termination of her employment constituted age discrimination in violation of section 2 — 102(A) of the Illinois Human Rights Act (775 ILCS 5/2— 102(A) (West 1994)).

Deluxe filed a verified response to Kalush’s charge on August 15, 1996. In that response, Deluxe asserted that Kalush’s employment was terminated due to “unsatisfactory performance.” Deluxe denied that Kalush was performing her job responsibilities appropriately at the time of her discharge. It stated that on September 6, 1995, Kalush had been placed on a 90-day warning after being informed by Bernie Sponsel, facility manager, and Barbara Lee, production manager, that she (Kalush) was not performing the basic responsibilities of her job. According to Deluxe, Kalush received progress reviews at 30-day intervals thereafter. On October 3 and 5, 1995, Kalush was advised that her performance continued to be unsatisfactory; on November 9, 1995, Kalush was reminded of areas where her performance needed improvement; and on December 6, 1995, Kalush’s managers acknowledged improvement but pointed out areas of concern and extended the warning period an additional five weeks. On December 27, 1995, Kalush was advised that her improvement had not been consistent, that she continued to not meet the requirements of her job, and that she would be permitted to apply for other posted job openings within the company or be terminated.

Deluxe’s response further stated that Kalush never received an “exemplary” performance review and that her review ratings ranged from “High Expected” to “Probationary.” Deluxe stated that it originally replaced Kalush with Dennis Fisher, age 46, who later was replaced by Cheryl Thompson, age 35. According to Deluxe, Thompson’s performance ratings as a department manager during the period relevant to the charge were “Excellent” or “High Excellent.” Deluxe stated that Thompson was better qualified for the position of department manager than Kalush. Deluxe also stated that at the time it terminated Kalush it terminated another department manager, Thomas Klimczak, age 38, for reasons similar to those that existed as to Kalush.

Following receipt of Kalush’s charge and Deluxe’s response, the Department conducted an investigation. The Department obtained copies of performance reviews for Kalush from September 6, 1995, to the date of her termination as well as copies of reports prepared by Sponsel documenting meetings he and Lee had with Kalush concerning her job performance. In his September 6, 1995, report, Sponsel stated that he and Lee informed Kalush that she was not meeting the minimum requirements of or the minimum time requirements for coaching/counseling and “D.EM.S.” reviews, 1 a basic job function of a department manager. Kalush was told that she was not effectively recognizing and addressing employee performance issues and problems and was not engaging in effective problem solving/follow-up for those situations. Kalush was advised that she exhibited very low skill level in the areas of human relations, communications, planning, problem solving/decision making and leadership. Kalush was told that she needed to exhibit improvement during the next 90 days in the following areas: updating production and job standards; updating coaching/ counselling and D.EM.S. reviews; and updating and sharing with department employees information relative to department accuracy and front-end billing errors. Kalush also was told that at the conclusion of the 90-day warning period she would be told whether she would continue at Deluxe as a department manager.

In a report dated October 3, 1995, Sponsel stated that he and Lee conducted a formal performance review of Kalush. They discussed with Kalush the need to develop better productivity standards for her employees; to provide good employee feedback for improvement; to cross-train employees and eliminate overtime; to develop independent thinking and cooperation among the employees in her department; and to be proactive in providing career counseling to her employees. Sponsel stated that Kalush “knows where she stands regarding coaching, counseling and D.EM.S. based on previous conversations.” He stated that Kalush lacked people development skills and was too tolerant of lack of employee performance. He stated that he and Lee discussed with Kalush their concern about her future as a manager.

In a report dated November 11, 1995, Sponsel stated that he and Lee met with Kalush for the 60-day warning period review. Lee reviewed Kalush’s coaching/counseling and D.EM.S. records and advised Kalush that her documentation of conversations with employees needed to be more specific and that her job standards needed to be updated and applied consistently. Kalush again was told that she needed to improve her leadership, problem-solving and decision-making skills.

Sponsel’s report for the 90-day warning period review held on December 6, 1995, stated that he and Lee informed Kalush that they had reviewed her last 30 days of coaching/counseling and D.EM.S reviews and had seen some improvement. They also informed her that they continued to see a lack of communication, problem-solving/ decision-making, and human relations skills. Sponsel extended the warning period five weeks to January 12, 1996, but indicated in his report that he saw a “slim chance for [Kalush] continuing as a Manager and with Deluxe.”

Kalush was terminated on January 31, 1996, for “[unsatisfactory work due to lack of job skills.” The termination policy in force at Deluxe at that time provided that an employee could be discharged without prior warning because of unsatisfactory work.

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Bluebook (online)
700 N.E.2d 132, 298 Ill. App. 3d 980, 233 Ill. Dec. 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalush-v-department-of-human-rights-chief-legal-counsel-illappct-1998.