IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ALVIA MCNEAL, an individual, Plaintiff, v. CASE NO. VILLAGE OF OAK PARK, an Illinois municipality, TRIAL BY JURY DEMANDED Defendant. VERIFIED COMPLAINT The Plaintiff, ALVIA MCNEAL (“MCNEAL”), by and through her attorneys, PFEIFFER LAW OFFICES, P.C., complains of the Defendant, VILLAGE OF OAK PARK, an Illinois municipality (“OAK PARK”), as follows: Jurisdiction and Venue 1. The actions set forth in this complaint arise under and are instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990, as amended (the “ADA”); Section 203 of the ADA; 42 U.S.C. §12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”); 42 U.S.C. §2000e-5(f)(1) and (3); and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, and 1343. 3. During all times relevant to this complaint, the violations of law alleged herein were committed within the Northern District of Illinois. 1
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ALVIA MCNEAL, an individual, Plaintiff, v. CASE NO. VILLAGE OF OAK PARK, an Illinois municipality, TRIAL BY JURY DEMANDED Defendant.
VERIFIED COMPLAINT
The Plaintiff, ALVIA MCNEAL (“MCNEAL”), by and through her attorneys, PFEIFFER LAW
OFFICES, P.C., complains of the Defendant, VILLAGE OF OAK PARK, an Illinois municipality (“OAK
PARK”), as follows:
Jurisdiction and Venue
1. The actions set forth in this complaint arise under and are instituted pursuant to
Section 107(a) of the Americans with Disabilities Act of 1990, as amended (the “ADA”); Section
203 of the ADA; 42 U.S.C. §12117(a), which incorporates by reference Section 706(f)(1) and (3)
of Title VII of the Civil Rights Act of 1964 (“Title VII”); 42 U.S.C. §2000e-5(f)(1) and (3); and
Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
2. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, and 1343.
3. During all times relevant to this complaint, the violations of law alleged herein were
committed within the Northern District of Illinois.
participation with them, from engaging in any employment practice which discriminates on the basis of disability;
D. Order OAK PARK to institute and carry out policies, practices, and programs
that provide equal employment opportunities for qualified individuals with disabilities and that eradicate the effects of its past and present unlawful employment practices;
E. Order OAK PARK to make MCNEAL whole by providing appropriate back pay and lost benefits with pre-judgment interest, in amounts to be determined at trial;
F. Order OAK PARK to make MCNEAL whole by providing the affirmative relief necessary to eradicate the effects of its unlawful practices including, but not limited to, reinstatement or employment or front pay, including lost benefits, as necessary in lieu of reinstatement;
G. Order OAK PARK to make MCNEAL whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, job search expenses and medical expenses, in amounts to be determined at trial;
H. Order OAK PARK to make MCNEAL whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
I. Order OAK PARK to pay MCNEAL punitive damages for its malicious or reckless conduct as described above, in an amount to be determined at trial;
J. Award MCNEAL her costs of suit and attorneys’ fees incurred in this matter, to the extent permitted by law; and
K. Grant MCNEAL such other and further relief as this Court deems appropriate and just.
Count II – Violation of the Americans with Disabilities Act (Disability Discrimination – Title II) �
33. MCNEAL restates and incorporates herein by reference Paragraphs 1 through 28
above as and for Paragraph 33 of Count II of this complaint as if such allegations were fully set
forth herein.
34. Based on the foregoing facts, OAK PARK intentionally discriminated against
MCNEAL on the basis of her disability in violation of Title II of the ADA.
35. The effect of OAK PARK’S practices of which MCNEAL complains has been to
deprive her of equal employment opportunities and otherwise adversely affect her status as an
employee because of her disability in violation of Title II of the ADA.
36. OAK PARK committed the aforesaid unlawful employment practices intentionally,
willfully, and wantonly and with malice or with reckless indifference to MCNEAL’S federally
protected rights under the ADA.
37. As a direct and proximate result of said acts, MCNEAL has suffered loss of
employment, loss of income and other employment benefits, great expense, emotional distress,
humiliation, embarrassment, and future lost income and benefits.
WHEREFORE, MCNEAL respectfully requests that this Honorable Court:
A. Enter a finding that MCNEAL was subjected to disability discrimination by OAK PARK in violation of Title II of the ADA;
B. Enter a finding that OAK PARK willfully engaged in disability discrimination
with malice and reckless indifference for MCNEAL’S rights under Title II of the ADA;
C. Grant a permanent injunction enjoining OAK PARK and its board, manager,
officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of disability;
D. Order OAK PARK to institute and carry out policies, practices, and programs that provide equal employment opportunities for qualified individuals with disabilities and that eradicate the effects of its past and present unlawful employment practices;
E. Order OAK PARK to make MCNEAL whole by providing appropriate back
pay and lost benefits with pre-judgment interest, in amounts to be determined at trial;
F. Order OAK PARK to make MCNEAL whole by providing the affirmative
relief necessary to eradicate the effects of its unlawful practices including, but not limited to, reinstatement or employment or front pay, including lost benefits, as necessary in lieu of reinstatement;
G. Order OAK PARK to make MCNEAL whole by providing compensation for
past and future pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, job search expenses and medical expenses, in amounts to be determined at trial;
H. Order OAK PARK to make MCNEAL whole by providing compensation for
past and future non-pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
I. Order OAK PARK to pay MCNEAL punitive damages for its malicious or
reckless conduct as described above, in an amount to be determined at trial; J. Award MCNEAL her costs of suit and attorneys’ fees incurred in this matter,
to the extent permitted by law; and K. Grant MCNEAL such other and further relief as this Court deems appropriate
and just.
Count III – Violation of Title VII (Race Discrimination) �
38. MCNEAL restates and incorporates herein by reference Paragraphs 1 through 23
above as and for Paragraph 38 of Count III of this complaint as if such allegations were fully set
40. Other employees of OAK PARK in positions similar to MCNEAL’S prior employment
position who were not African-American were treated disparately and more favorably.
41. No lawful basis existed for OAK PARK’S failure and refusal to treat MCNEAL in the
same manner as her non-African-American counterparts.
42. OAK PARK committed the aforesaid unlawful employment practices intentionally,
willfully, and wantonly and with malice or with reckless indifference to MCNEAL’S federally
protected rights under Title VII.
43. As a direct and proximate result of said acts, MCNEAL has suffered loss of
employment, loss of income and other employment benefits, great expense, emotional distress,
humiliation, embarrassment, and future lost income and benefits, all based on OAK PARK’S
unlawful discrimination against her on account of her race.
WHEREFORE, MCNEAL respectfully requests that this Honorable Court:
A. Enter a finding that MCNEAL was subjected to race discrimination by OAK PARK in violation of Title VII;
B. Enter a finding that OAK PARK willfully engaged in race discrimination with
malice and reckless indifference for MCNEAL’S rights under Title VII; C. Grant a permanent injunction enjoining OAK PARK and its board, manager,
officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race;
D. Order OAK PARK to institute and carry out policies, practices, and programs
that provide equal employment opportunities for qualified individuals of all races and that eradicate the effects of its past and present unlawful employment practices;
E. Order OAK PARK to make MCNEAL whole by providing appropriate back pay and lost benefits with pre-judgment interest, in amounts to be determined at trial;
F. Order OAK PARK to make MCNEAL whole by providing the affirmative relief necessary to eradicate the effects of its unlawful practices including, but not limited to, reinstatement or employment or front pay, including lost benefits, as necessary in lieu of reinstatement;
G. Order OAK PARK to make MCNEAL whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, job search expenses and medical expenses, in amounts to be determined at trial;
H. Order OAK PARK to make MCNEAL whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
I. Order OAK PARK to pay MCNEAL punitive damages for its malicious or reckless conduct as described above, in an amount to be determined at trial;
J. Award MCNEAL her costs of suit and attorneys’ fees incurred in this matter, to the extent permitted by law; and
K. Grant MCNEAL such other and further relief as this Court deems appropriate and just.
Count IV – Violation of the Age Discrimination in Employment Act (Age Discrimination) �
44. MCNEAL restates and incorporates herein by reference Paragraphs 1 through 23
above as and for Paragraph 44 of Count IV of this complaint as if such allegations were fully set
forth herein.
45. At the time of OAK PARK’S termination of her employment, MCNEAL was 60 years
of age.
46. Other employees of OAK PARK in positions similar to MCNEAL’S prior employment
position who were younger than 40 years of age were treated disparately and more favorably.
47. No lawful basis existed for OAK PARK’S failure and refusal to treat MCNEAL in the
same manner as her younger counterparts.
48. OAK PARK committed the aforesaid unlawful employment practices intentionally,
willfully, and wantonly and with malice or with reckless indifference to MCNEAL’S federally
protected rights under the ADEA.
49. As a direct and proximate result of said acts, MCNEAL has suffered loss of
employment, loss of income and other employment benefits, great expense, emotional distress,
humiliation, embarrassment, and future lost income and benefits, all based on OAK PARK’S
unlawful discrimination against her on account of her age.
WHEREFORE, MCNEAL respectfully requests that this Honorable Court:
A. Enter a finding that MCNEAL was subjected to age discrimination by OAK PARK in violation of the ADEA;
B. Enter a finding that OAK PARK willfully engaged in age discrimination with
malice and reckless indifference for MCNEAL’S rights under the ADEA; C. Grant a permanent injunction enjoining OAK PARK and its board, manager,
officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race;
D. Order OAK PARK to institute and carry out policies, practices, and programs
that provide equal employment opportunities for qualified individuals of all races and that eradicate the effects of its past and present unlawful employment practices;
E. Order OAK PARK to make MCNEAL whole by providing appropriate back pay and lost benefits with pre-judgment interest, in amounts to be determined at trial;
F. Order OAK PARK to make MCNEAL whole by providing the affirmative relief necessary to eradicate the effects of its unlawful practices including, but not limited to, reinstatement or employment or front pay, including lost benefits, as necessary in lieu of reinstatement;
G. Order OAK PARK to make MCNEAL whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, job search expenses and medical expenses, in amounts to be determined at trial;
H. Order OAK PARK to make MCNEAL whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
I. Order OAK PARK to pay MCNEAL punitive damages for its malicious or reckless conduct as described above, in an amount to be determined at trial;
J. Award MCNEAL her costs of suit and attorneys’ fees incurred in this matter, to the extent permitted by law; and
K. Grant MCNEAL such other and further relief as this Court deems appropriate and just.
Count V – Retaliation
50. MCNEAL restates and incorporates herein by reference Paragraphs 1 through 23
above as and for Paragraph 50 of Count V of this complaint as if such allegations were fully set
forth herein.
51. During her employment with OAK PARK, MCNEAL was a member of Service
Employees International Union Local 73 (“SEIU Local 73”).
52. On or about April 16, 2012, SEIU Local 73 demanded to bargain over what they
believed to be OAK PARK’S unilateral change in the Parking Enforcement Officer’s job description.
53. On April 26, 2012, OAK PARK terminated MCNEAL’S employment.
54. OAK PARK terminated MCNEAL’S employment in retaliation for her union’s
55. On or about April 30, 2012, SEIU Local 73 filed a grievance on MCNEAL’S behalf
regarding her wrongful termination.
56. OAK PARK failed and refused to accommodate MCNEAL or to retain her as an
employee in retaliation for her union filing the aforesaid grievance.
57. OAK PARK committed the aforesaid unlawful employment practices intentionally,
willfully, and wantonly and with malice or with reckless indifference to MCNEAL’S rights under
state and federal employment laws.
58. As a direct and proximate result of said acts, MCNEAL has suffered loss of
employment, loss of income and other employment benefits, great expense, emotional distress,
humiliation, embarrassment, and future lost income and benefits, all based on OAK PARK’S
unlawful retaliation against her.
WHEREFORE, MCNEAL respectfully requests that this Honorable Court:
A. Enter a finding that OAK PARK’S termination of MCNEAL’S employment and failure and refusal to accommodate her or retain her employment constituted retaliation;
B. Grant a permanent injunction enjoining OAK PARK and its board, manager, officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in any employment practice which constitutes retaliation;
C. Order OAK PARK to institute and carry out policies, practices, and programs
that provide equal employment opportunities for qualified individuals and that eradicate the effects of its past and present unlawful employment practices;
D. Order OAK PARK to make MCNEAL whole by providing appropriate back pay and lost benefits with pre-judgment interest, in amounts to be determined at trial;
E. Order OAK PARK to make MCNEAL whole by providing the affirmative relief necessary to eradicate the effects of its unlawful practices including,
but not limited to, reinstatement or employment or front pay, including lost benefits, as necessary in lieu of reinstatement;
F. Order OAK PARK to make MCNEAL whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, job search expenses and medical expenses, in amounts to be determined at trial;
G. Order OAK PARK to make MCNEAL whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
H. Order OAK PARK to pay MCNEAL punitive damages for its malicious or reckless conduct as described above, in an amount to be determined at trial;
I. Award MCNEAL her costs of suit and attorneys’ fees incurred in this matter, to the extent permitted by law; and
J. Grant MCNEAL such other and further relief as this Court deems appropriate and just.
Count VI – Violation of 775 ILCS 5/2-102
59. MCNEAL restates and incorporates herein by reference Paragraphs 1 through 23
above as and for Paragraph 59 of Count VI of this complaint as if such allegations were fully set
forth herein.
60. OAK PARK committed the aforesaid unlawful employment practices intentionally,
willfully, and wantonly and with malice or with reckless indifference to MCNEAL’S rights under
state and federal employment laws.
61. As a direct and proximate result of said acts, MCNEAL has suffered loss of
employment, loss of income and other employment benefits, great expense, emotional distress,
humiliation, embarrassment, and future lost income and benefits, all based on OAK PARK’S
unlawful employment practices undertaken against her.
WHEREFORE, MCNEAL respectfully requests that this Honorable Court:
A. Enter a finding that OAK PARK’S termination of MCNEAL’S employment and failure and refusal to accommodate her or retain her employment constituted unlawful employment practices;
B. Grant a permanent injunction enjoining OAK PARK and its board, manager, officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in any unlawful employment practices;
C. Order OAK PARK to institute and carry out policies, practices, and programs
that provide equal employment opportunities for qualified individuals and that eradicate the effects of its past and present unlawful employment practices;
D. Order OAK PARK to make MCNEAL whole by providing appropriate back pay and lost benefits with pre-judgment interest, in amounts to be determined at trial;
E. Order OAK PARK to make MCNEAL whole by providing the affirmative relief necessary to eradicate the effects of its unlawful practices including, but not limited to, reinstatement or employment or front pay, including lost benefits, as necessary in lieu of reinstatement;
F. Order OAK PARK to make MCNEAL whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, job search expenses and medical expenses, in amounts to be determined at trial;
G. Order OAK PARK to make MCNEAL whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
H. Order OAK PARK to pay MCNEAL punitive damages for its malicious or reckless conduct as described above, in an amount to be determined at trial;
I. Award MCNEAL her costs of suit and attorneys’ fees incurred in this matter, to the extent permitted by law; and
J. Grant MCNEAL such other and further relief as this Court deems appropriate and just.
MCNEAL hereby makes a demand for trial by jury on all issues herein that are triable to a
jury.
Respectfully submitted,
ALVIA MCNEAL, Plaintiff
By: /s/ J. Matthew Pfeiffer � One of Her Attorneys J. Matthew Pfeiffer, Esq. IL Atty. No. 6272868 Nicole M. Anderson, Esq. IL Atty. No. 6312258 PFEIFFER LAW OFFICES, P.C. 1725 S. Naperville Road Suite 205 Wheaton, Illinois 60189 Tel: (630) 517-0808 Fax: (630) 517-0809