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LAKE POINT TOWER, LTD. v. ILLINOIS HUMAN RIGHTS COM'N

No. 1-96-3008.

684 N.E.2d 948 (1997)

291 Ill. App.3d 897

225 Ill.Dec. 957

LAKE POINT TOWER, LTD., Petitioner-Appellant, v. ILLINOIS HUMAN RIGHTS COMMISSION, Illinois Department of Human Rights, and Dorothy Johnson, Respondents-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

August 28, 1997.

Attorney(s) appearing for the Case

Mark D. DeBofsky, Richard Q. Holloway, DeBofsky & DeBofosky, Chicago, for Petitioner-Appellant.

James E. Ryan, Atty. Gen. (Barbara A. Preiner, Sol. Gen.; Laura M. Wunder, Asst. Atty. Gen., of counsel), for Illinois Human Rights Com'n and Illinois Dept. of Human Rights.

Rotman, Medansky & Elovitz, Ltd. (Louis S. Elovitz, of counsel), Chicago, for Dorothy Johnson.

Presiding Justice WOLFSON delivered the opinion of the court:

The Illinois Human Rights Act provides that adverse employment actions cannot be taken against any person due to his or her physical handicap if the handicap is unrelated to the person's ability to perform job duties. In this case, Dorothy Johnson suffered from a form of cancer. Her employer, Lake Point Tower, Ltd., knew it. She was fired.

We must answer two questions: First, is cancer a physical...

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