{
  "id": 3477967,
  "name": "In re CHARLES F. SCHAEFER (Charles F. Schaefer, Petitioner, v. The Human Rights Commission et al., Respondents)",
  "name_abbreviation": "Schaefer v. Human Rights Commission",
  "decision_date": "1988-08-03",
  "docket_number": "Nos. 87\u2014 3083, 87\u2014 3409 cons.",
  "first_page": "862",
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  "last_updated": "2023-07-14T14:33:51.483362+00:00",
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  "casebody": {
    "judges": [],
    "parties": [
      "In re CHARLES F. SCHAEFER (Charles F. Schaefer, Petitioner, v. The Human Rights Commission et al., Respondents)."
    ],
    "opinions": [
      {
        "text": "JUSTICE McNAMARA\ndelivered the opinion of the court:\nAfter the Human Rights Commission (Commission) dismissed petitioner Charles F. Schaefer\u2019s age discrimination suit as untimely, petitioner filed suit in the circuit court of Cook County. The trial court found it had no jurisdiction, but transferred the case to this court, where respondents, the Commission, Transportation Media, Inc., and James V. Riley, have moved to dismiss the appeal for lack of jurisdiction.\nIn a second case, petitioner appealed directly to this .court from the Commission\u2019s refusal to amend its original decision. The two appeals were consolidated before this court.\nIn the first case (87 \u2014 3083), on May 5, 1986, petitioner filed an age discrimination charge against Transportation Media, which had been petitioner\u2019s employer prior to his resignation in January 1986. Petitioner asked that respondents be estopped from relying on the 180-day filing limitation in the Illinois Human Rights Act (Act) (Ill. Rev. Stat. 1985, ch. 68, par. 1 \u2014 101 et seq.) because petitioner was unaware of his rights when he filed under the Act. Petitioner maintained that Transportation Media was responsible for not informing him of his rights. On November 17, 1986, the Illinois Department of Human Rights dismissed the claim after finding that Transportation Media was not an \u201cemployer\u201d under the Act and finding that the claim was untimely because it was not filed within the 180-day limitation period after the alleged discriminatory act occurred.\nOn April 6, 1987, the Commission upheld the Department\u2019s dismissal, finding the charge was untimely filed and that no estoppel applied where petitioner offered no evidence that the employer led him to believe, either by omission or commission, that he had more than 180 days in which to file the charge.\nOn May 5, 1987, petitioner filed a complaint in the circuit court of Cook County seeking administrative review of the April 6, 1987, Commission order. On June 12, 1987, respondents moved for dismissal of that complaint on the basis that the court lacked jurisdiction because, under the Human Rights Act, exclusive jurisdiction lies in the appellate court. (Ill. Rev. Stat. 1985, ch. 68, par. 8 \u2014 111(A)(3).) The motion to dismiss was pending in the trial court when petitioner filed a new motion with the Commission.\nIn the second matter (87 \u2014 3409), on July 27, 1987, petitioner asked the Commission to modify the April 6, 1987, decision. Petitioner sought to add James V. Riley\u2019s name to the caption and to offer additional evidence of the employer\u2019s duty to notify employees of the 180-day filing limitation.\nMeanwhile, in No. 87 \u2014 3083, on October 1, 1987, the trial court denied respondents\u2019 motion to dismiss. The court expressly found it lacked jurisdictioil, but transferred the case to this court.\nIn No. 87 \u2014 3409, on November 5, 1987, the Commission denied petitioner\u2019s motion to amend its April 6 order. The Commission stated that the addition of Riley\u2019s name was inconsequential. It found further that it would not reverse its earlier finding that respondents were not estopped from asserting the 180-day limitation as a basis for dismissal. On November 9, 1987, petitioner filed a second petition for administrative review directly to this court, seeking a review of the Commission\u2019s November 3,1987, order.\nAs to the No. 87 \u2014 3083 appeal, petitioner argues that the trial court had jurisdiction to transfer the cause to this court.\nSection 8 \u2014 111(A)(3) of the Human Rights Act provides that proceedings for judicial review shall be commenced in the appellate court. (Ill. Rev. Stat. 1985, ch. 68, par. 8 \u2014 111(A)(3).) The appeal must be filed within 35 days. (Ill. Rev. Stat. 1985, ch. 110, par. 3 \u2014 103.) Furthermore, \u201c[ejxcept as otherwise provided by law, no court of this state shall have jurisdiction over the subject of an alleged civil rights violation other than as set forth in this Act.\u201d Ill. Rev. Stat. 1985, ch. 68, par. 8 \u2014 111(C).\nNotably, in its April 6, 1987, order, the Commission expressly stated that petitioner must file for administrative review in the appellate court within 30 or 35 days. Petitioner filed his petition for review in the wrong court. The trial court transferred the case to this court, after finding it had no jurisdiction.\nAs we have noted, the Act provides for direct administrative review to the appellate court. The transfer here was invalid. The trial court lacked subject matter jurisdiction to take any action with respect to final decisions of the Commission. Because the circuit court was without subject matter jurisdiction at the time the complaint was filed, the court lacked the authority to transfer the matter to this court. Hardee\u2019s Food Systems, Inc. v. Human Rights Comm\u2019n (1987), 155 Ill. App. 3d 173, 507 N.E.2d 1300.\nPetitioner filed in this court 147 days after the 35-day limit ran. As a result, we have no jurisdiction to hear the appeal in No. 87 \u2014 3083. Petitioner argues that his erroneous filing for review in the trial court tolled the 35-day limitation. Petitioner thus fails to recognize the fundamental distinction between jurisdictional limitations and statutes of limitations. Statutes of limitations are procedural in nature and do not alter substantive rights. In contrast, statutes in which time is made an inherent element of the right are a condition of liability itself and go to the existence of the right itself. Fredman Brothers Furniture Co. v. Department of Revenue (1985), 109 Ill. 2d 202, 486 N.E.2d 893.\nThe 35-day filing requirement at issue here has been held jurisdictional numerous times. (See, e.g., Hardee\u2019s Food Systems, Inc. v. Human Rights Comm\u2019n (1987), 155 Ill. App. 3d 173, 507 N.E.2d 1300; People ex rel. Olin Corp. v. Department of Labor (1981), 95 Ill. App. 3d 1108, 420 N.E.2d 1043; Hoffman v. Department of Registration & Education (1980), 87 Ill. App. 3d 920, 410 N.E.2d 291.) Thus, the doctrine of estoppel will not be applied here. See also Burlington North ern Inc. v. Northwestern Steel & Wire Co. (7th Cir. 1986), 794 F.2d 1242.\nPetitioner\u2019s reliance on Ferndale Heights Utility Co. v. Illinois Commerce Comm\u2019n (1982), 112 Ill. App. 3d 175, 445 N.E.2d 335, is misplaced. Ferndale applied to horizontal transfers from one circuit court to another so as to transfer to a proper venue. This case, however, involves a vertical transfer from the circuit court to the appellate court. See Hardee\u2019s Food Systems, Inc. v. Human Rights Comm\u2019n (1987), 155 Ill. App. 3d 173, 507 N.E.2d 1300.\nWe conclude that the trial court erred in transferring this matter to the appellate court, and thus its transfer is void for want of jurisdiction. Consequently, we grant respondents\u2019 motion to dismiss appeal number No. 87 \u2014 3083, which challenged the original April 6, 1987, order dismissing the age discrimination complaint for untimely filing.\nIn No. 87 \u2014 3409, petitioner filed a motion to amend the Commission\u2019s original April 6, 1987, order, adding a respondent and alleging that petitioner had become aware of certain provisions in the employer\u2019s contract with the city which would support his claim that respondents were estopped from relying on the 180-day time limitation.\nThe Commission properly denied the motion to amend on the basis that petitioner failed to seek rehearing within 30 days after service of the original order. Moreover, petitioner\u2019s motion was based on the same facts and arguments which were addressed in the original age discrimination case. The crux of each complaint rested on the employer\u2019s duty to post notice of the 180-day filing requirement.\nFor the foregoing reasons, the appeal in case No. 87 \u2014 3083 is dismissed. The decision of the Human Rights Commission in case No. 87 \u2014 3409, denying the motion to amend, is affirmed.\nAppeal in cause No. 87 \u2014 3083 dismissed; order in cause No. 87\u2014 3409 affirmed.\nRIZZI and FREEMAN, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE McNAMARA"
      }
    ],
    "attorneys": [
      "Thomas R. McMillen, of Bell, Boyd & Lloyd, of Chicago, for petitioner.",
      "Neil F. Hartigan, Attorney General, of Springfield (Shawn W. Denney, Solicitor General, and Karen Michels Caille, Assistant Attorney General, of Chicago, of counsel), for respondent Human Rights Commission.",
      "Holleb & Coff, of Chicago (Michael Hayes, Norman B. Berger, and Kevin M. Robinson, of counsel), for respondent Transportation Media, Inc."
    ],
    "corrections": "",
    "head_matter": "In re CHARLES F. SCHAEFER (Charles F. Schaefer, Petitioner, v. The Human Rights Commission et al., Respondents).\nFirst District (3rd Division)\nNos. 87\u2014 3083, 87\u2014 3409 cons.\nOpinion filed August 3, 1988.\nRehearing denied September 16, 1988.\nThomas R. McMillen, of Bell, Boyd & Lloyd, of Chicago, for petitioner.\nNeil F. Hartigan, Attorney General, of Springfield (Shawn W. Denney, Solicitor General, and Karen Michels Caille, Assistant Attorney General, of Chicago, of counsel), for respondent Human Rights Commission.\nHolleb & Coff, of Chicago (Michael Hayes, Norman B. Berger, and Kevin M. Robinson, of counsel), for respondent Transportation Media, Inc."
  },
  "file_name": "0862-01",
  "first_page_order": 884,
  "last_page_order": 888
}