Smith v. Chicago Board of Education

530 N.E.2d 1089, 176 Ill. App. 3d 109, 125 Ill. Dec. 680, 1988 Ill. App. LEXIS 1547
CourtAppellate Court of Illinois
DecidedNovember 3, 1988
Docket87-0177
StatusPublished
Cited by8 cases

This text of 530 N.E.2d 1089 (Smith v. Chicago Board of Education) 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
Smith v. Chicago Board of Education, 530 N.E.2d 1089, 176 Ill. App. 3d 109, 125 Ill. Dec. 680, 1988 Ill. App. LEXIS 1547 (Ill. Ct. App. 1988).

Opinions

JUSTICE LINN

delivered the opinion of the court:

Petitioner, Ozell Smith, is a black woman who was discharged from her position as vocational assistant by the principal of Thorp E.V.G. Center in June of 1980, when her position and that of another person were eliminated. She had been employed by the Chicago Board of Education (Board) for approximately 10 years in various positions. In 1973, Smith was offered a career service probationary teacher’s aide position, which she declined in favor of participating in a federally funded program known as “Basic Occupational and Skilled Therapy” (BOAST).

From September 1977 until June 1979 Smith had a provisional position as vocational assistant in the print shop of Tennyson School, which closed in June 1979. Thereafter she obtained the provisional appointment as vocational assistant at Thorp, a position that was funded with money from the BOAST program. This money was to be allocated by Thorp’s principal, Adolph Lebres. The BOAST budget depended on how many BOAST students were anticipated to be in the school the following year. Lebres had no input as to the amount of money that the government would allow per student in the BOAST program.

The BOAST personnel at Thorp included two shop teachers and a program coordinator, as well as the vocational assistants and home visitors. Lebres determined that for the 1979-80 school year he would eliminate two staff positions, one vocational assistant and one home visitor position. He would then add one teacher’s aide position. Another vocational assistant, Thelma Bush (also black), was certified in her position, which gave her greater security than Smith had, because the Board’s procedure requires that provisional or temporary personnel are to be terminated before certified personnel.

In June 1980 Lebres told Smith that her position had been eliminated because of budget considerations. According to Smith, she then offered to take a pay cut even though Lebres told her that it would be a $200 reduction.

The teacher’s aide position was filled by a white woman, who was a certified teacher’s aide. This position differs from that of a vocational assistant. Apparently, the teacher’s aide performs some work, such as special tutoring in the language arts, that Smith’s position did not involve.

Lebres had no control over the person appointed to fill the teacher’s aide position. According to the board, such assignments are made on the basis of seniority in the system.

On September 4, 1980, Smith filed a complaint with the Illinois Department of Human Rights alleging that she had been discriminated against because of her race in violation of the Illinois Human Rights Act (Ill. Rev. Stat. 1987, ch. 68, par. 1—101 et seq.). The Department filed a complaint on her behalf on August 28, 1981, before the Illinois Human Rights Commission (Commission). In May 1982, there was a hearing before an administrative law judge. At the close of Smith’s case, respondent moved for entry of a directed finding in its favor. Although the administrative law judge indicated her inclination to grant the motion, she requested that a formal motion be filed.

In July 1982 this judge resigned and chief administrative law judge Patricia Patton took over the case. On January 21, 1983, Judge Patton imposed discovery sanctions on respondent and ordered a hearing de novo. The hearing was set for March 1983.

On September 4, 1985, Judge Patton entered her interim recommended order and decision. She found that Smith had established a prima facie case of race discrimination by the school board. She held that the Board had failed to articulate a legitimate nondiscriminatory reason for Smith’s termination. In the alternative, Judge Patton found that even if such reasons had been given, they were a pretext for race discrimination.

Judge Patton noted that the Board had explained Smith’s termination in economic terms as its nondiscriminatory reason. Smith had challenged the Board’s evidence on this point, since the documentation regarding the relevant fiscal data had been previously barred as a sanction because the Board had failed to produce it in a timely manner.

Following Judge Patton’s recommendation that Smith be reinstated, the Board requested the Illinois Human Rights Commission to review and dismiss the findings of the administrative law judge. On December 15, 1986, the Commission reversed the recommended order and decision and ordered instead that Smith’s complaint be dismissed.

The Commission agreed with Judge Patton that Smith had established a prima facie case of discrimination. The Commission disagreed, however, with her finding that the Board had failed to articulate a nondiscriminatory reason for terminating Smith. The Commission reviewed the testimony of Lebres, Thorp’s principal, and concluded that it was “crystal clear that the Respondent felt that a reduction in cost in the BOAST program at Thorp was needed if the BOAST program budget [was] to be balanced. After considering the matter, Mr. Lebres felt that he could balance the budget by eliminating a vocational assistant position and a home visitor position, and by adding a teacher’s aid[e] position.”

The Commission specifically noted that Judge Patton’s ruling on the sufficiency of the Board’s articulated reasons for terminating Smith depended on her belief that the absence of fiscal data was fatal to the Board’s position. The Commission rejected this conclusion, however, noting that the principal’s unrebutted testimony was sufficient, even without the written fiscal documentation, relying on the United States Supreme Court case of Texas Department of Community Affairs v. Burdine (1981), 450 U.S. 248, 67 L. Ed. 2d 207, 101 S. Ct. 1089. The Commission further noted that since Judge Patton had applied the incorrect legal standard in determining whether the Board sustained its burden of proof, her finding that the Board had failed to articulate a legitimate, nondiscriminatory reason for discharging Smith must be overturned. Finally, the Commission reversed Judge Patton’s alternative finding that even if the Board had stated a legitimate reason, its stated reason was a pretext. The Commission found virtually no evidence of pretext and further found that Smith had failed to prove that the Board’s explanation was not worthy of belief.

I

Smith’s basic contention is that the Board failed to meet its burden of rebutting her prima facie case of racial discrimination. The Commission thus erred by misapplying the law relating to the Board’s burden. It further erred in reversing the administrative law judge’s factual finding that the Board’s stated reasons for firing Smith were a pretext.

We first address the scope of our review. Sections 2 — 102(A) and 1—103(Q) of the Illinois Human Rights Act (Ill. Rev. Stat. 1987, ch. 68, pars. 2—102(A), 1—103(Q)), prohibit an employer from discharging an employee on the basis of race, color, religion, national origin, ancestry, age, sex, marital status, handicap or unfavorable military discharge. Judicial review of the Commission’s final determinations is available under the Administrative Review Law (Ill. Rev. Stat. 1987, ch. 110, par. 3—101 et seq.). (Ill. Rev. Stat. 1987, ch. 68, par.

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Smith v. Chicago Board of Education
530 N.E.2d 1089 (Appellate Court of Illinois, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
530 N.E.2d 1089, 176 Ill. App. 3d 109, 125 Ill. Dec. 680, 1988 Ill. App. LEXIS 1547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-chicago-board-of-education-illappct-1988.