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Welch v. Hoeh

Case Date: 07/07/2000
Court: 3rd District Appellate
Docket No: 3-98-0877

Welch v. Hoeh, No. 3-98-0877

3rd District, 7 July 2000

BONITA L. WELCH,

Petitioner-Appellant,

v.

DEBORAH S. HOEH, Designee of the Chief Legal Counsel of the Department of Human Rights; THE DEPARTMENT OF HUMAN RIGHTS; THE APPELLATE COURT OF ILLINOIS, THIRD JUDICIAL DISTRICT; and THE SUPREME COURT OF ILLINOIS,

Respondents-Appellees.

 Petition for Review of an Order of the Designee of the Chief Legal Counsel of the Department of Human Rights.

Charge No. 1998SA0128

JUSTICE McLAREN delivered the opinion of the court:

Petitioner, Bonita L. Welch, appeals the final order of the Department of Human Rights (the Department) dismissing her charge of discrimination. We affirm.

The following uncontroverted facts are taken from the record. Prior to 1994, Welch was employed by the Illinois Appellate Court, Third District, as a law clerk to the former Justice Tobias G. Barry. On February 16, 1994, Welch began employment with the Illinois Appellate Court, Third District, as a staff attorney, at a salary of $39,464. On February 23, 1994, Welch was notified that Justice Heiple determined that all entry-level staff attorneys should start at the minimum salary. Thus, Welch's salary was reduced to $32,571, retroactive to her start date.

THE FIRST CHARGE

On August 12, 1994, while still employed as a staff attorney, Welch filed her first charge (No. 1997CA1141) with the Department of Human Rights, alleging that Justice Heiple ordered her salary lowered because she had worked for Justice Tobias G. Barry, Heiple's political opponent. Welch also alleged that the Illinois Supreme Court and the Illinois Appellate Court, Third District, discriminated against her based on her age and sex.

THE SECOND CHARGE

On August 18, 1997, Welch filed a second charge with the Department (No. 1998SA0128). However, this charge was not signed or notarized as required by section 2520.330 of the Illinois Administrative Code (56 Ill. Adm. Code