On January 11, 2002, two employees filed a lawsuit under Title VII of the Civil Rights Acts of 1964, 42 U.S.C. § 1981, 42 U.S.C. § 1983 against the Illinois Department of Transportation in the United States District Court for the Northern District of Illinois. The plaintiffs, represented by ...
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On January 11, 2002, two employees filed a lawsuit under Title VII of the Civil Rights Acts of 1964, 42 U.S.C. § 1981, 42 U.S.C. § 1983 against the Illinois Department of Transportation in the United States District Court for the Northern District of Illinois. The plaintiffs, represented by private counsel, asked the court for injunctive, compensatory, punitive, and other relief against the defendant's alleged racial discrimination, retaliation, and harassment. Specifically, the plaintiffs were plaintiffs in Massie et al. v. IDOT et al. who had received promotions following the consent decree. However, they alleged racial discrimination, harassment, and retaliation as a result.
On June 20, 2002 the defendants filed a motion to dismiss the plaintiffs' complaint. On November 5, 2002, the court (Judge Schenkier) granted and denied the motion in part, dismissing the § 1981 and § 1983 claims against IDOT, and holding that "challenged conduct fell within scope of prior consent decree and could be remedied through successful contempt proceeding brought thereunder, but parties did not intend for decree to provide the exclusive remedy for that conduct, nor did that result flow by operation of law; court's retention of jurisdiction to enforce consent decree was not sufficient, without ongoing contempt proceeding, to create a pending let alone parallel action; and complaint stated § 1983 claim against individual defendants." McGee v. IDOT, 2002 WL 31478261 (N.D. Ill. 2002).
According to the PACER docket, on September 27, 2004, a jury trial began. On October 4, 2004 the parties reported in open court that a settlement was reached; the trial summarily ended and the case was dismissed. The settlement agreement is not accessible.Emily Kuznick - 04/02/2008