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06/23/94 LUCILLE MOTLEY v. ILLINOIS HUMAN RIGHTS

June 23, 1994

LUCILLE MOTLEY, PETITIONER,
v.
THE ILLINOIS HUMAN RIGHTS COMMISSION, THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS, AND CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, RESPONDENTS.



Administrative Review of the Illinois Human Rights Commission. No. 1990SF0137

Released for Publication July 25, 1994. As Corrected September 6, 1994.

Honorable James A. Knecht, J., Honorable Robert W. Cook, J., Honorable Robert J. Steigmann, J.

The opinion of the court was delivered by: Knecht

JUSTICE KNECHT delivered the opinion of the court:

Lucille Motley appeals from the dismissal, by the Illinois Human Rights Commission (Commission), of charges of discrimination and constructive discharge. Motley alleges the Commission erred in determining there was a lack of substantial evidence in support of her charges. We disagree and affirm.

FACTS

Motley began working for the Central Illinois Public Service Company (Company) as a customer information clerk in April 1985. Motley was one of four individuals employed in such a capacity. Motley is black, the other three individuals are white. The guidelines for the classification of the clerks are as follows:

"C-02 Cashier - All new full-time and part-time employees with [a high school diploma] will enter in this salary grade.

C-03 Cashier - Full-time and part-time cashiers at the C-02 level may be considered for promotion to the C-03 level after one year of service (2000 hours for part-time employees). The primary consideration is progress and performance.

C-04 Cashier - Cashiers at the C-03 level may be considered for promotion to C-04 after a total of [three] (3) years experience in the cashier's positions. Service time accrued as a part-time cashier would also be included. The primary consideration is lob knowledge and performance. Performance shall be in work of somewhat greater complexity, e.g., handling accounts payable (Emergency Orders, Purchase Orders, Petty Cash, RFP's), customer financial transactions (J.O.'s, Customer Charge Tickets, gas and electric extensions); routine billing errors; data entry on business systems and district office correspondence.

C-05 Cashier - Cashiers at the C-04 level will be eligible for consideration of promotion of C-05 after [two] (2) years of service in that grade. Consideration shall be based predominantly on job knowledge and performance. The employee's performance would be in the areas of greatest complexity, e.g., preparing and data entry of Payroll (time, overtime, expenses); preparing P*O*S*T* records and reports; handling complicated billing errors; preparing deferred payment agreements; handling district administrative reports (Personnel, Automotive, Affirmative Action); and assisting the Bookkeeper with some of their duties or relieving in their absence.

New full-time or part-time cashiers with prior Company experience, other prior work experience, or advanced education beyond high school may enter at a higher level than C-02. Depending on the amount and quality of that education and experience, they could enter in any of the top three cashier grades. Entry at the grades of C-04 or C-05 must be approved by the Vice President-Division Operations."

The clerk's rate of compensation is based on his or her classification. When Motley was hired, she was classified as a "part-time cashier, clerk II." In February 1988 Motley was promoted to a "clerk III." The other three clerks were classified as "clerk V" because they had over 10 years of experience and service.

On Motley's August 9, 1989, employee evaluation, completed by her supervisor, Merle Brogdon, Motley received an overall "meets expectation" rating. She also was rated as "below expectation" on volume production. The Company contends ...


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