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Unformatted text preview: lowing facts, taken from the parties' 12M and 12N statements and accompanying
exhibits, are undisputed unless otherwise noted. Elizabeth [*2] Zihala ("Zihala") was
employed by the Chicago Department of Health for nearly twenty years. In late 1993, 183 Zihala was laid off by the Chicago Department of Health when that agency turned over
many of its duties and functions to the Illinois Department of Public Health. Three days
later, on December 10, 1993, Zihala was hired by the Illinois Department of Public
Health ("the Department"), Division of Laboratories, as a Chemist I in the food
laboratory. Her immediate supervisor was Glenn Yoshimura ("Yoshimura"), and her next
level supervisor was Joerg Pirl, Ph.D., Chief of the Clinical Chemistry and Toxicology
Section. As a new employee, Zihala was required to serve a 4-month probationary period
with the Department.
As part of the application process with the Department, Zihala was required to complete
an Illinois Department of Human Rights Survey for Disabled Employees Form. This
form asked Zihala to list any conditions from which she suffered that could qualify as a
disability. Among the conditions listed on the form was "Mental or Emotional Disorder."
The form provided that "an indication of a disability on this form is voluntary; however,
you must sign below to indicate receipt." [*3] Consistent with this instruction, Zihala
did not indicate on the form that she had any disability and wrote at the top of the form
that "I do not choose to fill out this form." She signed the form beneath a statement that
read: "I acknowledge having received this form and understand that I will not be
considered disabled by my employing agency unless a disability had been indicated
above." Zihala also chose not to indicate any mental disorder on her employment
application with the Department.
On December 20, 1993, Zihala did not come to work. Dr. Pirl then consulted his division
chief, Dr. Carpenter, and Yoshirmur...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08