Habinka v. Human Rights Com'n

• Decision Date: 15 December 1989
• Docket Number: No. 1-87-2321,1-87-2321
• Citation: 139 Ill.Dec. 317,192 Ill.App.3d 343,548 N.E.2d 702
• Parties: , 139 Ill.Dec. 317 James J. HABINKA, Complainant-Petitioner, v. HUMAN RIGHTS COMMISSION and Lake River Corporation, Terminals Division, Respondents.
• Court: United States Appellate Court of Illinois

Page 702

548 N.E.2d 702

192 Ill.App.3d 343, 139 Ill.Dec. 317

James J. HABINKA, Complainant-Petitioner, v. HUMAN RIGHTS COMMISSION and Lake River Corporation Terminals Division, Respondents.

No. 1-87-2321.

Appellate Court of Illinois First District, Fifth Division.

Dec. 15, 1989.

[139 Ill.Dec. 318] Neil F. Hartigan, Atty. Gen., for Human Rights Com'n.

Carol B. Manzoni and Richard J. Brodecki, Chicago (Pope, Ballard, Shepard & Fowle, Ltd., of counsel), for Lake River Corp., Terminals Div.

Douglas C. Nohlgren, Patricia M. Logue, Jenner & Block, Chicago (Roy Petty, Chicago Lawyers' Committee for Civil Rights Under Law, of counsel), for James J. Habinka.

Justice COCCIA delivered the opinion of the court:

Petitioner, James J. Habinka, appeals directly to this court from a decision of the Illinois Human Rights Commission (Commission) which held that petitioner failed to prove that he had been discriminated against by respondent, Lake River Corporation, Terminals Division (Lake River), on the basis of a legally cognizable physical handicap. Issues presented for review are: (1) whether the decision of the Commission that Habinka was not handicapped within the meaning of the Illinois Human Rights Act (Ill.Rev.Stat.1987, ch. 68, par. 1-101 et seq.) (the Act) was against the manifest weight of the evidence; (2) whether petitioner's heroin/methadone dependency constituted an actual handicap under the relevant provisions of the Act; (3) whether petitioner's heroin/methadone dependency, known to his employer, constituted a perceived handicap under the relevant provisions of the Act; (4) whether the evidence supports a finding that Habinka's drug dependency was related to his ability to perform his job; and (5) whether the evidence supports a finding that Lake River placed Habinka on an unpaid leave of absence and later terminated his employment for legitimate, nondiscriminatory reasons which he failed to prove were pretextual.

On November 20, 1982, Habinka filed a charge with the Illinois Department of Human Rights (Department) against Lake River, his former employer, alleging that Lake River had discriminated against him on the basis of a physical handicap, drug dependency. The charge further alleged that Lake River had placed him on a personal leave of absence approximately two weeks after learning that he was in a methadone maintenance treatment program, informing him that he could not return to work until he was "off [m]ethadone," although, as Habinka stated, "the fact that I was on the [methadone maintenance] program did not affect my ability to perform the job." On March 12, 1984, the Department, pursuant to its authority under the Human Rights Act, filed a complaint against Lake River with the Commission. The complaint alleged, inter alia, (1) "that Complainant is a physically handicapped individual in that Respondent regarded him as such because [he] is enrolled in a methadone maintenance treatment program"; (2) "that Complainant's doctors informed Respondent's officials that [his] participation in the * * * program would not affect Complainant's ability to perform his job duties"; (3) "that on or about July 13, 1982, Respondent presented [him] with the option of accepting a forced personal leave of absence or being discharged"; (4) "that * * * Respondent's Vice President of Operations, Rodney Foster, informed [him] that [Lake River] could not have a supervisor who was on methadone"; and (5) "that Respondent discriminated against Complainant by forcing [him] to accept a leave of absence due to his physical handicap which was unrelated to his ability to perform his job duties in violation of Section 2-102(A) of the Human Rights Act." The complaint requested an order providing that Lake River reinstate Habinka to his former position at a rate of pay comparable to what he would have been receiving if the violation had not occurred, pay him lost wages, grant all accrued benefits and seniority status, and pay his attorney fees and costs. A hearing before Patricia A. Patton, the Commission's chief administrative law judge, was scheduled for June 11, 1984.

Prior to the hearing, Lake River filed a motion to dismiss the complaint on grounds that it failed to state a cause of action because the condition complained of by Habinka, namely, participation in a methadone maintenance program, "does not constitute a handicap within the meaning of the Illinois Human Rights Act." On July 12, 1984, the chief administrative law judge granted Lake River's motion, stating that the allegation that complainant is in a methadone treatment program did not set forth a "determinable physical or mental characteristic of a person ...," as required by Section 1-103(I)(1) of the Human Rights Act. (Ill.Rev.Stat.1981, ch. 68, par. 1-103(I)(1)), the section of the Act which defines "handicap." The order further stated that Lake River's alleged perception of Habinka's participation in a methadone program also did not suffice to meet the definition of a handicap as set forth in the Act, because "the definition of handicap is the same whether or not it is alleged to be perceived." Complainant was granted leave to file an amended complaint.

On August 17, 1984, Habinka filed his amended complaint, alleging, inter alia, that (1) "[he] has a history of physical dependence on opiates"; (2) "opiate dependency is a determinable mental or physical characteristic resulting from a disease or functional disorder"; (3) "the most appropriate treatment for [his] condition * * * includes the use of regular doses of the prescription drug methadone under the supervision of a licensed physician * * *"; (4) "[he] is currently and at all times relevant to this case has been undergoing treatment for his * * * opiate dependency * * * under the supervision of a licensed physician [which] includes [m]ethadone"; (5) "as a result of the treatment program, [he] has become physically dependent on * * * [m]ethadone"; (6) "[his] physical dependence on [m]ethadone is a determinable mental or physical characteristic resulting from a disease or functional disorder"; (7) "[Lake River] perceives [him] to be physically drug dependent and handicapped because [he] is a participant in a [m]ethadone treatment program"; and (8) "[he] is handicapped within the meaning of the Illinois Human Rights Act * * * either in [sic ] virtue of [his opiate dependency] or [his methadone dependency] or because of [Lake River's] perception of his condition of [drug dependency and methadone program participation]."

Following discovery, a four-day hearing on the matter was held before administrative law judge (ALJ) Richard J. Gonzalez. Both parties presented the testimony of lay and expert witnesses, and Habinka's medical records and other documents were submitted into evidence. At the conclusion of this proceeding, ALJ Gonzalez issued an interim recommended order and decision which concluded that the evidence presented by the parties sustained Habinka's complaint of handicap discrimination.

The ALJ's interim recommended order and decision was submitted to a three-member panel of the Commission for a final order and decision. On February 13, 1987, following written and oral arguments of the parties, the Commission issued an order reversing the ALJ's decision, with one panel member dissenting.

On March 16, 1987, Habinka applied for a hearing of the case before the full Commission. His application was denied in an order signed by ten of the twelve Commission members on July 2, 1987. He then filed a timely petition with this court for review of the Commission's February 13, 1987, order dismissing his claim.

The record reveals the following undisputed facts pertinent to this appeal. Respondent Lake River was at all relevant times a public storage facility. Complainant was initially hired by Lake River on July 24, 1969, and established a work and performance history that was excellent and often praiseworthy. He started as a laborer, and following military service, returned to work in July 1972 as a forklift driver in one of the company's antifreeze warehouses. Over the next ten years, as he progressed to increasingly more responsible positions, he received consistently favorable performance appraisals and several letters of commendation for his work, and received regular pay raises. In 1980, he was asked to assume the position of "leadman" in another warehouse, earning $12.24 per hour. In March 1981, he was promoted to the position of "warehouse supervisor trainee," and soon thereafter to "warehouse supervisor," receiving an additional salary increase. His final performance review was in February 1982. At that time he was rated "above average" in achieving three out of five performance goals and "average" in two others. The review noted that the trend of performance since the last performance appraisal was "improving."

In late 1981, complainant began to experience severe cluster headaches and seizures. He had at least four seizures in 1981 and 1982, two of which occurred at work. Following the third seizure, in March 1982, he was hospitalized for three days. At this time his condition was labeled "seizure disorder" by a neurologist at Hines Veterans Administration Hospital in Chicago (Hines) and the drug Dilantin was prescribed. From March 1982 through mid-July 1982, his absences from work increased significantly. His absenteeism as recorded in company documents admitted into evidence show that he was absent a total of 143.25 hours between January 1 and July 13, 1982, as compared with the other 34 salaried Lake River employees, one of whom accumulated 70 hours of absence during the same period and all others from 0 to 43.5 hours. During this period, his supervisor and upper management became increasingly concerned about the cause of his medical problems, including the severe headaches which he blamed for many of his absences, the repeated instances of "calling in sick," often on short...