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OLD BEN COAL CO. v. HUMAN RIGHTS COM'N

No. 5-86-0038.

150 Ill. App.3d 304 (1986)

501 N.E.2d 920

OLD BEN COAL COMPANY, Plaintiff-Appellee, v. THE HUMAN RIGHTS COMMISSION et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Rehearing denied January 6, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Kathryn A. Spalding, Assistant Attorney General, of Chicago, of counsel), for appellants.

Campbell & DiVincenzo, of Chicago, Hart & Hart, P.C., of Benton, and Edmund J. Moriarty, Mark M. Pierce, and Jeff Conrad, all of Old Ben Coal Company, of Lexington, Kentucky, for appellee.

Judgment reversed.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

Defendant, the Department of Human Rights (DHR), filed a complaint in May of 1983 with defendant, the Human Rights Commission (HRC), alleging that plaintiff, Old Ben Coal Company (Old Ben), had violated section 2-102(A) of the Illinois Human Rights Act (Act) (Ill. Rev. Stat. 1981, ch. 68, par. 2-102(A)) by permitting women employees to be harassed because of their sex. Old Ben moved...

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