The complainant asserts that the environment was so hostile that he was forced to resign. The complainant made allegations of sexual harassment and constructive discharge against each respondent. Both Cook and Cody deny making any sexual remarks or asking any questions of a sexual nature to the complainant. Illinois courts have given a great deal of deference to the Commission in making determinations as to whether substantial evidence exists to support a charge of discrimination. 31 Ill. App.
Substantial evidence exists when a reasonable mind can find it sufficient to support a conclusion.
The complainant alleged that he was subjected to sexual harassment that made his working environment hostile and offensive. The Department dismissed his allegations, finding that there was a lack of substantial evidence. This section also provides that not only is an employer liable, the employee who perpetrated the conduct can also be sued for sexual harassment. The complainant asserts that Cody was a member of management. The complainant further asserts that he complained of the various incidents of harassment to Diane Garrett, a supervisor.