Moeser v. Human Rights Commission

686 N.E.2d 373, 292 Ill. App. 3d 402
CourtAppellate Court of Illinois
DecidedOctober 14, 1997
Docket5-96-0674
StatusPublished

This text of 686 N.E.2d 373 (Moeser 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
Moeser v. Human Rights Commission, 686 N.E.2d 373, 292 Ill. App. 3d 402 (Ill. Ct. App. 1997).

Opinion

JUSTICE HOPKINS

delivered the opinion of the court:

Donald K. Moeser, Jr. (petitioner), appeals to this court from an order of the Human Rights Commission (the Commission) dismissing his complaint for civil rights violation against his former employer, Hy-Dac Rubber Manufacturing (respondent). The issues presented are (1) whether the order from which petitioner appeals is final and appealable and (2) whether the Commission has jurisdiction to consider a complaint that was filed within the 30-day window of section 7A — 102(G)(2) of the Illinois Human Rights Act (the Act) (775 ILCS 5/7A — 102(G)(2) (West 1994)) but was incorrectly mailed to the Department of Human Rights (the Department) rather than to the Commission. For reasons we will more fully explain, we reverse and remand.

I. FACTS

The relevant facts are not disputed. Petitioner was fired from his job with respondent on August 31, 1994. On January 5, 1995, petitioner filed a charge of discrimination against respondent. By filing the charge with the Department within 180 days of the alleged discrimination, petitioner complied with section 7 A — 102(A) of the Act (775 ILCS 5/7A — 102(A) (West 1994)). On January 10, 1995, the Department mailed petitioner a letter explaining as follows:

"If the Department does not complete your case within 300 days from the date you filed your signed and notarized charge ***, you have the right to file your own complaint with the Human Rights Commission, starting on the 301st day (October 30, 1995) and ending on the 330th day (November 29, 1995). If you do not file a complaint, the Department will continue to investigate your charge.

*** If you file a complaint, the form of it must be in accordance with Section 7A — 102(F) of the *** Act. You must file a copy of it on the same day with the Department of Human Rights. *** If you have any questions about filing a complaint, you should contact the Human Rights Commission at (217) 785-4350.” (Emphasis in original.)

The only address listed on the January 10, 1995, letter from the Department to petitioner was the Department’s address in Springfield, Illinois. The letter did not include an address for the Commission or any other information on how to file a complaint with the Commission. The letter also stated "KEEP THIS LETTER. HAVE IT WITH YOU IF YOU NEED TO TELEPHONE OR COME TO THE DEPARTMENT.” (Emphasis in original.) Petitioner kept the letter.

The Department did not complete its investigation or file a complaint on petitioner’s behalf within 300 days after petitioner filed the charge. Prior to filing his own complaint, petitioner called the telephone number for the Commission that was listed on the letter from the Department. According to petitioner, the person he spoke to at the Commission advised him that the complaint would be timely if mailed and postmarked on November 29, 1995. Petitioner stated that he was not advised that he should mail the complaint to the Commission rather than to the Department, that he was not given an address for the Commission, and that he attempted in good faith to file his complaint in accordance with the instructions given in the letter from the Department.

On November 29, 1995, petitioner filed his own complaint by mailing it to the Department and mailing a copy of the complaint to respondent on the same date. Petitioner was not represented by an attorney at that time. When the Department received petitioner’s complaint on December 6, 1995, it sent it to the Commission via messenger mail. The Commission received petitioner’s complaint on December 14, 1995, at its Springfield, Illinois, office.

On January 22, 1996, respondent filed an answer to petitioner’s complaint. The answer did not raise any issue of lack of jurisdiction but generally alleged that petitioner "failed to satisfy the procedural prerequisites for filing this action.”

On January 25, 1996, petitioner’s attorneys filed an entry of appearance on his behalf. On February 5, 1996, the chief administrative law judge entered an order granting petitioner a continuance and transferring the case to Springfield, Illinois, which was the closest hearing location for all of the parties. Both parties then engaged in discovery in preparation for the upcoming hearing.

On February 27, 1996, the administrative law judge (the ALJ) assigned to hear the case issued an order, sua sponte, directing the parties to file briefs discussing the issue of whether petitioner’s complaint was filed within the 30-day window of section 7A — 102(G)(2) (775 ILCS 5/7A — 102(G)(2) (West 1994)). In an order, the ALJ stated:

"[I]t would appear that the instant Complaint is too late since: (1) section 7A — 102(G)(2) of the *** Act *** permits Complainant[-]filed Complaints within 30 days after the Department’s 300[-]day investigation period following the filing of a Charge of Discrimination; and (2) the tender of the instant Complaint to the Department on December 6, 1995, occurred 335 days after Complainant filed his Charge of Discrimination on January 5, 1995.” (Emphasis added.) (Note that all references by the ALJ and the Commission to "Complainant” are the same as our references to "petitioner.”)

Petitioner filed his brief addressing the jurisdictional issue on March 21, 1996. Petitioner argued in the brief that the Illinois Administrative Code (the Code) provides:

"An item properly received by mail shall be deemed to have been filed on the date specified in the applicable proof of mailing. Proof of mailing shall be made by filing with the Commission *** the affidavit of a person who is not an attorney, stating the date and place of mailing and the fact that proper postage was prepaid. The *** affidavit shall be filed with the Commission at the same time the item to which it refers is filed. If the *** affidavit does not accompany an item filed by mail, an item received by mail shall be deemed to have been filed when postmarked, properly addressed and posted for delivery.” 56 Ill. Adm. Code § 5300.40(a) (1996).

Petitioner argued in his brief that he had complied with the 30-day filing requirement by placing the complaint in the mail with postage fully prepaid and that it was properly addressed to the Department according to the instructions on the letter from the Department to petitioner and according to the verbal instructions petitioner received from the Commission.

Respondent argued in its brief that the Commission did not have jurisdiction over the complaint because the complaint was not filed with the Commission until 335 days after petitioner filed his initial charge of discrimination with the Department. According to respondent’s argument, the date of mailing the complaint was not as significant as the address to which it was mailed: since the Department did not mail the complaint to the Commission until the 335th day, the Commission does not have jurisdiction because the complaint was untimely.

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Related

Trembczynski v. Human Rights Commission
625 N.E.2d 215 (Appellate Court of Illinois, 1993)
Ferndale Heights Utility Co. v. Illinois Commerce Commission
445 N.E.2d 334 (Appellate Court of Illinois, 1982)
Davis v. Human Rights Commission
676 N.E.2d 315 (Appellate Court of Illinois, 1997)
Maliszewski v. Human Rights Commission
646 N.E.2d 625 (Appellate Court of Illinois, 1995)

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Bluebook (online)
686 N.E.2d 373, 292 Ill. App. 3d 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moeser-v-human-rights-commission-illappct-1997.