September 22, 2009
FOR IMMEDIATE RELEASE
Sexual Harassment Award Upheld
by Appellate Court
DECATUR - A recent decision by the Illinois Appellate Court has reinstated a $17,400 award by the City’s Human Relations Commission to a Decatur woman whom the commission determined was sexually harassed by her employer between Oct. 2006 and March 2007.
Melvine Davis of Decatur first filed a charge of sexual harassment against her former employer, the House of Gyros, Inc., with the Decatur Human Relations Commission in July 2007. Following an investigation by City Human Rights Officer Mark Barthelemy a formal complaint was filed which was later deemed valid following a commission hearing after the House of Gyros failed to respond to the complaint as is required by city code. The commission voted unanimously in favor of the award based on hearing officer Marshall Susler’s report and recommendation.
The House of Gyros subsequently appealed the decision to the Macon County Circuit Court seeking a reversal of the Commission’s decision. The Court eventually found in favor of the House of Gyros and set aside the commission’s award, citing an unexplained delay in Barthelemy’s completion of the initial investigation. The Illinois Appellate Court of the 4th District in August affirmed the Commission’s original decision and reinstated the award in Davis’ favor, declaring that Barthelemy had no obligation under the City Code to conclude the investigation within 120 days of the filing of Davis’ Charge.
“Our only goal with this case was to see that justice was served and we believe that it was,” said Barthelemy. “This commission exists to make sure that both complainants and the businesses, individuals and organizations with whom they have a complaint are treated fairly.
“We want to make sure that the community realizes that they have an outlet for having their issues heard and addressed when they feel that they’ve been wronged.”
The Decatur Human Relations Commission is a 13-member body appointed by the Decatur City Council and charged with receiving, investigating, mediating and adjudicating claims of unlawful discrimination in employment, credit and lending practices, real estate and housing transactions and public accommodation practices. The Commission also works with the community to educate and prevent discriminatory practices while bridging and enhancing communication between the city’s diverse groups.
Protected classes covered by Decatur City Code are classes of race, color, religion, national origin, age, sex, sexual orientation, marital status, disability or unfavorable military discharge.
The Decatur Human Relations Commission will hold a public hearing next week to receive and evaluate evidence based upon a complaint of sexual harassment from Sally Nailer of Decatur, IL, filed against her former employer, Decatur Rentals, a sole proprietorship, and Ferdinand W. Wilhelm, owner. The hearing will be held at 9:30 a.m. Tuesday, Sept. 9 in the City Council Chamber on the 3rd floor of the Decatur Civic Center.
For more information please contact City of Decatur Human Rights Officer Mark Barthelemy at 424-2805.