On April 13, 2006, the Chicago District Office of the EEOC brought this suit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued Ceisel Masonry under Title VII of the Civil Rights Act of 1964 and 42 U.S. Code § 1981. The plaintiffs, representing named Hispanic employees of Ceisel Masonry and a class of other Hispanic employees of Ceisel Masonry, asked the court for injunctive relief enjoining the defendant from discriminating against employees based on national origin, and monetary relief to compensate for losses. The plaintiff claimed that the defendant had created a hostile work environment. Specifically, the plaintiff alleged that the defendant had engaged in unlawful employment practices in harassing Hispanic employees and retaliating against these employees when they complained.

The parties engaged in discovery for the next two years. In August of 2008, both parties filed motions for partial summary judgment.

On January 23, 2009, Judge Harry D. Leinenweber denied all motions. He held that an issue of fact remained as to harassment; an employer's foreman did not act act as a supervisor creating liability for the employer; and the defendants assertion of a positive defense that employee had failed to take preventive or corrective measures could not be decided by summary judgment. 594 F.Supp.2d 1018 (N.D.Ill. 2009).

On May 22, 2009 the Honorable Harry D. Leinenweber approved a consent decree between the two parties. Specifically, the decree ordered an injunction enjoining harassment based on national origin and an injunction enjoining retaliation against persons who complain about violations of Title VII or Section 1981. The decree also ordered Ceisel Masonry to implement anti-harassment and anti-discriminatory policies, training, supervisory accountability systems, postings of notice, record keeping, and reporting. The decree ordered $500,000 in monetary damages to class members and a total of $220,000 for the three named employee complainants.

Kevin Wilemon - 07/30/2008
Gabriela Hybel - 11/07/2016


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