Batavia Park Dist. v. Ill. Human Rights Comm'n

• Decision Date: 20 March 2013
• Docket Number: No. 02-12-0098,02-12-0098
• Citation: 2012 IL App (2d) 120098
• Parties: BATAVIA PARK DISTRICT, Petitioner-Appellant and Cross-Appellee, v. ILLINOIS HUMAN RIGHTS COMMISSION, ILLINOIS DEPARTMENT OF HUMAN RIGHTS, and MARTIN ANDERSON, Respondents-Appellees and Cross-Appellants.
• Court: United States Appellate Court of Illinois

2012 IL App (2d) 120098

BATAVIA PARK DISTRICT, Petitioner-Appellant and Cross-Appellee,

v.ILLINOIS HUMAN RIGHTS COMMISSION, ILLINOIS DEPARTMENT OF HUMAN RIGHTS,and MARTIN ANDERSON, Respondents-Appellees and Cross-Appellants.

No. 02-12-0098

APPELLATE COURT OF ILLINOIS SECOND DISTRICT

Order filed March 20, 2013

NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Illinois

Human Rights Commission.

Nos. 10944

1998CF2363

21BA981757

JUSTICE HUDSONdelivered the judgment of the court.

Presiding Justice Burke and Justice McLaren concurred in the judgment.

ORDER

¶ 1Held: The decisions of the Human Rights Commission that petitioner's discharge was racially motivated; that petitioner was entitled to damages for emotional distress; and that petitioner was entitled to back bay in the amount of $5,526.45 are not contrary to the manifest weight of the evidence; the Commission's calculation of the amount of attorney fees due petitioner was proper and it did not err in using petitioner's attorneys' historical fees rather than current hourly rate in calculating fee award.

¶ 2 I. INTRODUCTION

¶ 3Respondent, Martin Anderson, filed a "Complaint of Civil Rights Violation" with the Illinois Human Rights Commission(Commission) alleging race discrimination on behalf of petitioner, the Batavia Park District(Park District or District).Subsequently, the Department of Human Rights filed a complaint on Anderson's behalf.Ultimately, the Commission awarded Anderson $5,526.45 for back pay and $5,000 for emotional distress.It also found that the Park District was liable for Anderson's attorney fees in the amount of $75,520.For the reasons that follow, we affirm.

¶ 4 II.BACKGROUND

¶ 5 The following evidence was adduced at a public hearing before an Administrative Law Judge (ALJ) that commenced on October 15, 2002.The hearing was bifurcated on the issues of liability and damages.Anderson, who is African-American, was the first witness to testify.He stated that in 1997, he was working as an account manager for a company called Laser Technologies.He also worked for the Park District.Initially, he was a volunteer at the Park District, but he was later asked to work there on a part-time basis.He had previously worked "as a counselor at Center House Group Home and the Boys Home in St. Charles as a youth counselor."He also worked with third-graders at the Aurora Education Center.While working at the Center House Group Home, Anderson would sometimes take teen-aged children to the Park District's gym.On such occasions, he would help supervise individuals in the gym on a voluntary basis.

¶ 6 In March 1997, he was approached by someone from the Park District(he could not recall who) and offered part-time employment.Anderson testified that he filled out an application and was hired.His supervisors were Cheryl Chidester and Lori Johnson.Anderson's title was "Teen Supervisor," and his salary was $7 per hour.He never received a raise during his employment with the Park District.Anderson testified that things "went great."He was being praised, and "[k]ids were happy [he] was there."

¶ 7 Anderson testified that in July 1997, he met with Lori Johnson.They discussed which individuals could use the gym.Of specific concern was the age of the gym's users.However, there was no written policy regarding the age of those who were permitted to use the gym, nor was there a written policy regarding how to verify the age of such users.They again discussed the issue in November 1997.At this time, users had to sign in, and Anderson had to turn in the sign-in sheet.When Anderson was a volunteer, he would play basketball while he was at the gym.At the November meeting, he was informed that he was no longer allowed to do this.Anderson acknowledged that he had been late for work "a few times."This subject was also addressed in November.Anderson stated that in the entire time he worked for the Park District, he was late three or four times.On one of those occasions, Anderson explained, he was late because he had been given erroneous instructions regarding where he was to be working that day.After the November meeting, no one ever discussed his job performance with him again until the point at which he was discharged.

¶ 8 On January 15, 1998, a meeting was held where the Park District reviewed the rules and regulations of the job with its employees.Johnson, Chidester, Laura Lundgren, and Beverly Kuhn attended the meeting.Among the subject addressed were how to ascertain the age of an individual seeking to use the gym; stopping the gym's users from cursing or roughhousing; and making sure people stayed off the gym's mats.Additionally, employees were not allowed to play basketball while on duty.Some of the rules had been put in writing for the first time.After the meeting, Anderson signed an agreement stating he understood the rules.Prior to this time, Anderson testified, the rules "changed every week."

¶ 9 Anderson explained that the the Park District operated two facilities at the location in Batavia.The location was referred to as the Teen Center.In one building, called Ground Zero(which was inside a building called the "White House"), were pool tables, a fooz [sic] ball table, computers, and a television "where kids can come [to] sit back, relax."Anderson worked in the gym, which was in a separate building.The gym was referred to as the "Drop Zone."The two buildings shared a parking lot.

¶ 10Chris Cluff, a coworker, also attended the January 15 meeting.Cluff's title was "Lead Teen Supervisor."Cluff had been working at the Ground Zero part of the Teen Center.It was decided that Cluff would began working at the door of the gym, checking identification and ensuring that users were high school students from Batavia.He also was to prevent adults from entering the gym.Anderson's job was to monitor the youth playing basketball.

¶ 11 Anderson reviewed a copy of the job description he had been given.It mentions neither the staff playing basketball nor monitoring the ages of users of the gym.Similarly, a document referred to as a "task list" contained no information regarding these issues.

¶ 12 On January 18, 1998, Anderson and Cluff reported to work.As contemplated, Cluff monitored the door and Anderson monitored the gym.Cluff came to Anderson and told him a situation had developed.Chidester's sons had witnessed a domestic dispute, and Cluff was going to allow them in the gym for a "cooling off period."Anderson pointed out that one of them was too young to use the gym and that this was contrary to the rules he had signed.Cluff stated that he was going to allow it anyway.Cluff told Anderson that he was Anderson's supervisor.Subsequently, the underage youth, who was playing basketball, called another basketball player a name.A confrontation ensued.Anderson made the two individuals sit down for ten minutes and, after they calmed down, allowed them to resume playing basketball.Anderson stated the he did not play basketball in the gym on January 18.Additionally, Anderson testified, Cluff allowed an adult toenter the gym on that day.Anderson worked the next day, and no one spoke with him about the events that took place the night before.

¶ 13 On January 20, 1998, Anderson received a telephone call from Lundgren, who told him that he was fired.She referenced "the incident that happened on the 18th" and said that she had been told that Anderson was playing basketball and that he allowed individuals to curse.Accordingly, she continued, "they had came [sic] to an agreement that [he] was terminated."She did not mention that there had been an under-aged youth in the gym.She further stated that Anderson "wasn't working out."To Anderson's knowledge, Cluff was not disciplined in any way for his role in the events of January 18th.

¶ 14 About two days after he was terminated, Anderson spoke to Diane Dillow, in accordance with the Park District's grievance procedure.Anderson believed that he was being treated unfairly.He told Dillow that Cluff had been responsible for checking identifications on the 18th.As such, Anderson felt "powerless" to do anything when Cluff allowed the under-aged youth to enter the gym.He was not offered his job back and was asked to turn in his keys.Anderson had averaged about 20 hours per week working for the Park District.After being terminated, he found part-time work at Delnor Community Hospital.

¶ 15 Anderson testified that when he was terminated, he became angry.He had grown up in the area.The Teen Center had been "designed for the kids in the community."Anderson would "preach to them" that when a person has a problem, they should not "handle it in a physical term" or do "something stupid."When he was terminated, a lot of kids came to him and asked why he was just giving up.He stated that he had been "sticking up for individuals that *** didn't have a voice and were being turned away and made felt [sic] like they didn't belong."He continued, "[I]ndividuals that had individuals in certain positions in the Park District *** got to do what they wanted to do andwhen they wanted to do [it]."Anderson felt he had been discriminated against because of his race.It made him feel angry and sad.He was concerned about how the kids that came to the Teen Center would be treated.

¶ 16 At the beginning of cross-examination, petitioner's attorney attempted to lay a foundation for the admission of statements Anderson purportedly made to an investigator from the Department of Human Rights, Mr. Nussbaum.These were allegedly prior inconsistent statements.Anderson's attorney objected, arguing that Nussbaum's report did not contain specific statements made by Anderson.The objection was sustained.

¶ 17 Anderson then testified that he did not recall receiving any training beyond the time he spent...