Magnus also did not resume full-time hours immediately upon returning to work following her leave of absence. The Human Rights Commission has jurisdiction over the parties as well as over the subject matter. Complainant failed to establish a prima facie case of race discrimination. The preponderance of the evidence did not sustain the complaint of race discrimination. The Illinois Supreme Court has approved the Commission's adoption of that framework.
Complainant is black.
As to adverse treatment by Respondent, Complainant was unable to establish this element. Complainant believed that the adverse treatment she received was Respondent's failure to assign her full-time hours as soon as she was medically released to return to work. Since Respondent's leave of absence policy clearly did not guarantee an employee's position, Complainant could not show that she had suffered such adverse treatment. Moreover, she was given the opportunity to work any available shifts. When Respondent offered her a full-time schedule for December 1988, she voluntarily refused to work full time.