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08/06/87 Carol Mccullar (Hood), v. the Human Rights

August 6, 1987

CAROL MCCULLAR , APPELLANT

v.

THE HUMAN RIGHTS COMMISSION ET AL., APPELLEES



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

511 N.E.2d 1375, 158 Ill. App. 3d 1011, 111 Ill. Dec. 80 1987.IL.1135

Petition for review of order of Human Rights Commission.

APPELLATE Judges:

JUSTICE KNECHT delivered the opinion of the court. SPITZ, P.J., concurs. JUSTICE McCULLOUGH, specially Concurring.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT

Petitioner Carol Hood, nee McCullar (Hood), appeals an order of the Illinois Human Rights Commission (Commission), which found Hood was not a victim of employment discrimination on the basis of her sex.

On September 28, 1982, Hood filed with the Commission a charge of sex discrimination in employment on the part of respondent board of education of Minonk-Dana-Rutland Community Unit School District No. 108 (board or District 108). She essentially alleged that from September 1977 until the time she filed the complaint, the board discriminated against her on the basis of her sex by paying her lesser salaries than it paid males for performing substantially equivalent coaching duties. She further alleged she was afforded different terms and conditions of employment than males in that the board afforded different facilities, advantages and privileges to female sports programs as opposed to male sports programs. Hood amended her petition on February 5, 1983, and March 2, 1984.

A hearing on Hood's sex discrimination charges was held on October 8, 1985. At the hearing, Hood testified that from 1971 to 1975 she oversaw all of the District's girls' athletics. She coached girls' high school volleyball from 1978 through 1983, and coached the junior high school girls' volleyball teams from 1979 until the time of the hearing. In the spring of 1981, Hood first became aware that her coaching salaries were grossly disproportionate to those paid males coaching boys' sports. Additionally, the boys' sports had assistant coaches, but the girls' sports had none.

Hood further testified there had been very few instances of a teacher being assigned to coach a sport in District 108 schools in which the participants were of the opposite sex. Hood recalled Judy McNamara coached junior high boys' basketball for two years. No men had coached girls' volleyball at the high school or junior high level.

The parties agreed Hood's salary for coaching girls' high school volleyball never exceeded the head high school football coach's salary and further agreed Hood was not paid as much as the assistant football coach until the 1982-83 school year. They also agreed Hood was never paid as much for her duties as girls' junior high volleyball coach as were the head and assistant boys' junior high basketball coaches.

The evidence adduced at the October 8, 1985, hearing and relied upon by the parties at the proceedings before the Commission relevant to the duties and responsibilities of the positions of girls' high school volleyball coach and boys' high school football coach, which Hood asserts are comparable for purposes of "determining whether there has been illegal discrimination in pay on the basis of sex," is summarized in the following tables:

TABLE I

GIRLS' HIGH SCHOOL VOLLEYBALL

(Varsity and Junior Varsity Teams)

Number of coaches: 1.

Number of students: 20 to 27 (total for varsity and junior varsity teams).

Length of season: Opening practice begins two weeks before start of school; season lasts until mid-November.

Games per season and duration of games: Varsity -- regular plus at least two tournaments. Junior Varsity -- 13 to 15 regular games. Games for both teams last about 1 1/2 hours each.

Practice sessions: Preseason conditioning program -- begins approximately August 1, practice sessions are held 1 1/2 to 2 1/2 hours each day for 2 to 2 1/2 weeks.

Preseason practice -- begins approximately 2 weeks before start of school. Practice sessions held three hours per day five days per week before start of school (both varsity and junior varsity practice together), and 2 hours and 15 minutes per day five days per week, including Labor Day, after start of school.

Regular season practice -- 2 hours and 15 minutes three days per week and for unspecified time period on two to three Saturdays.

Miscellaneous duties of coach: Organizing teams, recruiting players, attending end-of-year banquet, making athletic director aware of equipment needs, keeping statistics, obtaining personnel to assist at games, compiling information pertaining to player awards.

TABLE II

HIGH SCHOOL BOYS' FOOTBALL

(Varsity, Junior Varsity, and Freshman Teams)

Number of coaches: 3 (one for each team)

Number of students: 27 to 40.

Length of season: Varsity season usually begins two weeks after start of school; Freshmen season usually begins in mid-October.

Games per season and duration of games: Varsity -- 9; Junior Varsity -- 8 to 9; Freshmen -- 5 to 6 (no evidence as to duration of games).

Practice sessions: Varsity -- Preseason -- 3 1/2 hours per day for five full days prior to beginning of school and 2 1/2 hours per day, six days per week after start of school.

Regular season practice -- 2 hours, 45 minutes on Tuesdays and Wednesdays; practices of unspecified ...


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