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Anderston v. Human Rights Commission6/5/2000
Petition for Review of an Order of the Illinois Human Rights Commission
Honorable Paul Doyle, Administrative Law Judge Presiding.
Petitioner, Martha Anderson, appeals from an order entered by the Illinois Human Rights Commission (Commission) directing a finding in favor of respondent, Cook County's Oak Forest Hospital, on petitioner's employment discrimination claim. On appeal, petitioner raises numerous alleged procedural errors, the cumulative effect of which she claims deprived her of a fair and impartial trial. She contends that the administrative law judge (ALJ) erred in the admission and exclusion of evidence throughout the hearing and that the ALJ erroneously permitted respondent's attorney to question petitioner regarding various documents not properly admitted in evidence. In addition to numerous other issues raised, petitioner also claims that the ALJ's directed finding for respondent was against the manifest weight of the evidence. For the reasons that follow, we reverse and remand.
I. FACTS
Respondent initially hired petitioner in January 1990 to work part- time as a "floating" secretary. From January 1990 through November of 1990, petitioner traveled between the various hospital departments to work as needed. On November 28, 1990, petitioner met with the respondent's billing supervisor, Chris Herzke, regarding a permanent full-time billing position with respondent. Two days after their meeting, Herzke called her to tell her that a county hiring freeze was in effect and that, as a result, she could not hire or transfer any new employees. In late January, petitioner received a call from respondent's personnel department, giving her a starting date of January 28, 1991. Petitioner started this position on January 28, 1991, and worked in the billing department until Herzke discharged her on March 20, 1991.
On September 3, 1991, petitioner filed a charge of age discrimination against respondent with the Illinois Department of Human Rights (the Department). The Department did not file a complaint with the Human Rights Commission following its investigation, so petitioner filed a complaint on her own behalf. She alleged that the hospital subjected her to unequal conditions of employment due to age and that the hospital terminated her due to her age. On October 27, 1993, respondent filed its answer, denying the allegations.
The matter was heard before an ALJ on September 10 and 11, 1997. At the hearing on the matter, petitioner proceeded pro se. The ALJ explained that the hearing would be conducted in accordance with the rules of evidence as applied in civil cases and outlined several evidentiary principles for petitioner's benefit. The ALJ explained: "Evidence must be presented and identified through the testimony of witnesses. If you have any documents that you want me to consider, they are not evidence in the case unless you move for them to be submitted into evidence and they are, in fact, admitted into evidence, so either party can object to the admission of a document on the basis of proper legal argument." The ALJ also explained some basic trial procedure for the benefit of petitioner, including the bifurcated format of the hearing. After answering several questions regarding hearing procedures, the hearing began.
After opening statements from both sides, petitioner called four witnesses. Earlene Brown, one of respondent's employees, testified that she knew petitioner from corresponding with her when Brown worked in the outpatient billing department. However, she testified on cross- examination that she did not work in the same office as petitioner. She testified on cross-examination that she had no knowledge of
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