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Page v. City of Chicago

Case Date: 09/30/1998
Court: 1st District Appellate
Docket No: 1-97-1621

FIRST DIVISION
SEPTEMBER 30, 1998

No. 1-97-1621

HAROLD PAGE,
Plaintiff-Appellant,

v.

THE CITY OF CHICAGO, THE CITY OF CHICAGOCOMMISSION ON HUMAN RELATIONS, and PATRICIABARNES,
Defendants-Appellees.

Appeal from the
Circuit Court of
Cook County

No. 94 CH 1618

Honorable
Thomas Durkin,
Judge Presiding.

JUSTICE O'MARA FROSSARD delivered the opinion of the court:

Plaintiff, Dr. Harold Page, filed this appeal of the circuit court's denialof his petition for writ of certiorari of several rulings of the City ofChicago's Commission on Human Relations (Commission). After Patricia Barnesfiled a complaint against Page with the Commission alleging sexual harassment,the Commission awarded Barnes compensatory damages, punitive damages, a fine,costs and attorney fees. On appeal, Page asserts the circuit court andCommission erred in holding that: (1) the State Legislature did not preempt theCity of Chicago's home rule authority to prohibit sexual harassment anddiscrimination by small employers; (2) the Commission may award punitive damages;(3) there was sufficient evidence to support a finding of "hostile environment"sexual harassment under the Chicago human rights ordinance; (4) Barnes wasentitled to $33,770.03 in attorney fees and $1,282.80 in costs; and (5) the LegalAssistance Foundation was entitled to fees for services provided by paralegalElizabeth Singer. Page also contends that the circuit court erred in denying hismotion to reinstate and amend his petition for certiorari.

We affirm.

I. FACTS

On January 2, 1992, Patricia Barnes filed her complaint against Dr. HaroldPage with the Commission. She alleged that during her employment with Page, hesexually harassed her in violation of the Chicago human rights ordinance(Ordinance) (Chicago Municipal Code