The complainant has filed exceptions, and the respondent has filed a response. Both sides have had the opportunity to present oral argument, and the case is now ready for decision by the Commission. Mr. Chambers is white, and his national origin is American. Although both the complainant and Chambers were laid-off, the Chambers layoff was rescinded. Chambers was returned to work without missing any days.
Chambers continues to be employed by the respondent.
On the other hand, the complainant's last day of work was August 31, 1986. The complainant's layoff notice was never rescinded. The complainant alleges that Chambers was less qualified and less senior than he was, and therefore the only basis for rescinding Chambers layoff must be Chambers' race and national origin. The Administrative Law Judge found, based on the evidence, that the complainant was not recalled to work because he had poor inter-personal skills, and Chambers had a better knowledge of Chicago Building Codes, which was a skill necessary for the position to which Chambers was recalled. Although the complainant provided some evidence of pretext, Judge Schub found that the above-stated reasons were the real reasons why Chambers was recalled instead of the complainant.