Muraoka v. ILLINOIS HUMAN RIGHTS COM'N

625 N.E.2d 251, 252 Ill. App. 3d 1039, 192 Ill. Dec. 291
CourtAppellate Court of Illinois
DecidedSeptember 3, 1993
Docket1-92-1452
StatusPublished
Cited by5 cases

This text of 625 N.E.2d 251 (Muraoka v. ILLINOIS HUMAN RIGHTS COM'N) 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
Muraoka v. ILLINOIS HUMAN RIGHTS COM'N, 625 N.E.2d 251, 252 Ill. App. 3d 1039, 192 Ill. Dec. 291 (Ill. Ct. App. 1993).

Opinion

JUSTICE GIANNIS

delivered the opinion of the court:

This case arises out of an alleged violation of the Illinois Human Rights Act (Act) (111. Rev. Stat. 1991, ch. 68, pars. 1 — 101 through 9— 102). Petitioner, Charlene Muraoka, appeals from the dismissal of her complaint which had been brought before the Illinois Human Rights Commission (the Commission). The Commission found that it lacked jurisdiction to consider her cause. We have jurisdiction under Supreme Court Rule 335 (134 Ill. 2d R. 335).

Petitioner suffers from multiple sclerosis and has been confined to a wheelchair since August of 1985. On December 5, 1985, petitioner resigned her position as executive secretary to the National Osteopathic Foundation (NOF) after a failed attempt to have a wheelchair ramp installed at her place of employment. She claims that she was constructively discharged. Petitioner’s last day of work was December 23,1985.

The NOF and the American Osteopathic Association (AOA) are closely affiliated, not-for-profit corporations that share the same facilities and mutually support each other pursuant to a written agreement. The AOA provides premises rent free to the NOF and also provides, at no charge, both accounting and legal services. Further, the AOA provides the NOF with access to its employee benefit programs and pays NOF employees with checks drawn upon AOA bank accounts. Under the agreement, the AOA makes all personnel and department policies for the NOF. In addition, the AOA has served on the NOF’s board of directors. 1 At the time of this dispute, it appears NOF had but two employees at its central office: Lee Stein, NOF’s president, and petitioner, his executive secretary. The record indicates, however, AOA had over 60 employees at this location.

On April 21, 1986, petitioner filed with the Illinois Department of Human Rights (the Department) a complaint form (referred to as a “Complainant Information Sheet” or “CIS” by the Department) alleging discrimination against her on the basis of handicap. Included with the handwritten form was a sheet entitled “YOU MAY FILE A CHARGE,” a three-page handwritten supplement detailing the alleged discrimination, as well as 10 documents in support of her claim. In response to question 2 of the form, petitioner identified the AOA as the entity that had discriminated against her. Question 5 of the form stated: “If you have been employed by the Institution, Company, Agency, etc. noted in question [5], provide the following information: JOB TITLE, DATE HIRED, WERE YOU ON PROBATION?, PRESENT OR LAST SALARY, DEPARTMENT, SUPERVISOR.” Petitioner filled out the requested information and listed her department as being the NOF. She listed her supervisor as being Lee Stein. Question 10 asked petitioner to explain the reason she felt she had been the victim of discrimination. In a three-page handwritten supplement to the question, petitioner set forth the chronology of the events of her unsuccessful effort to obtain access to her work both from Stein, whom she identified as the president of the NOF, and various people at the AOA.

The supplement to the complaint form included an interoffice memorandum, dated December 4, 1985, from petitioner to Stein. In the memo, petitioner stated that, notwithstanding extended discussions with “AOA employees,” she had not been provided reasonable access to her work. In a letter from Stein dated January 27, 1986, Stein identified the AOA and the NOF as parent-subsidiary organizations, respectively, and stated that it was “most regrettable that a national health care organization would be so delinquent in providing accessibility to the handicapped.”

In late April, petitioner made repeated phone calls over a six-week period in an effort to reach the Department and to determine the status of her charge. Her phone calls were not returned until June 6, 1986. She claims that, when she finally was able to speak with a Department representative around June 12, 1986, she was informed that her charge would be denied by the Department. Petitioner claims not to have understood why the Department was denying her charge, but is sure that the complaint’s lack of notarization was not offered by the Department as its reason for denial.

On June 12, 1986, the Department sent petitioner a letter which indicated, mistakenly, that petitioner’s discrimination claim arose in August, rather than December 1985. The Department therefore determined that petitioner’s complaint was not received within the 180-day limitation period mandated by the Act. This letter did not reach petitioner, however, as she had moved from the address initially given to the Department.

On June 29, 1986, the 180-day time period in which petitioner was required to file her charge with the Department expired.

On September 10, 1986, petitioner, now represented by attorney Abraham Brustein, filed a Federal civil suit against both the AOA and the NOF. On November 4, 1986, following the first court status hearing of the Federal suit, Brustein informed Craig Varga, the attorney for the NOF and the AOA, of the charge filed against the two entities with the Department. Varga indicated that he had previously heard that a charge may have been filed with the Department but that, after investigation, he concluded that no charges had been filed. Thereafter, on December 22, 1986, Varga received from Brustein a copy of the CIS submitted by petitioner on April 21, 1986, including the supplemental documentation.

After his conversation with Varga, and after sending a paralegal to check the Department’s files, Brustein concluded that the Department did not have any public record of a charge filed by petitioner and had not processed petitioner’s complaint according to the Department’s rules. In addition, Brustein concluded that the Department had mistakenly determined that petitioner’s alleged violation had occurred in August of 1985.

On February 17, 1987, more than 300 days had passed since petitioner had filed her initial complaint with the Department.

Brustein began negotiations with the Department, arguing that his client’s complaint had been mishandled. In a letter from Brustein to the Department dated February 19, 1987, Brustein set forth his understanding of an oral agreement between his client and the Department. Under this agreement, the Department would prepare for petitioner’s signature typed, formal charges and would deem these charges to have been filed on April 21, 1986, the date petitioner filed her initial complaint. This letter also indicates that the Department agreed to accept April 21, 1986, as the day upon which its investigation of petitioner’s claim commenced. These charges were prepared by the Department and sent to her on February 24,1987.

On February 27, 1987, Brustein returned the charges, now notarized, to the Department. Because the Department had named only the AOA and not the NOF as a respondent in the prepared charges, however, Brustein altered the charge form. In his cover letter to the Department he wrote:

“I have added as a respondent the National Osteopathic Foundation. In the original materials submitted by Ms. Muraoka dated April 21, 1986, in answer to question no.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Medical Auxillary Network v. Illinois Human Rights Comm'n
2022 IL App (2d) 200251-U (Appellate Court of Illinois, 2022)
Gaylord v. Human Rights Comm'n
2020 IL App (1st) 191518-U (Appellate Court of Illinois, 2020)
Jason Nieman v. Insurance Search Group
541 F. App'x 693 (Seventh Circuit, 2013)
Board of Education of the City of Chicago v. Cady
860 N.E.2d 526 (Appellate Court of Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
625 N.E.2d 251, 252 Ill. App. 3d 1039, 192 Ill. Dec. 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muraoka-v-illinois-human-rights-comn-illappct-1993.