2009- Racial Harassment Client Defeats Summary Judgment, Earns Federal Jury Trial

United States District Court, Northern District of Illinois,  Eastern Div. June  2009

Our client brought federal court claims of racial harassment and retaliatory failure to promote. He claimed that he was referred to as a “nigger” countless times while working in defendant’s Illinois Facility. He was also subjected to racially derogatory names and comments such as “coon” “nappy headed hoes” and others. One of his co-workers also had a confederate flag in his work locker in plain view.

When he complained to management about the racial slurs, he was written up, harassed some more, subjected to other inferior treatment, and denied a promotion that he was due. He sued in federal court seeking compensatory and punitive damages against the Defendant. While his lawsuit was pending, Defendant terminated his employment. Shortly after his employment was terminated, the lawyer that had been representing him withdrew from his case. Immediately thereafter, Defendant filed a motion for summary judgment asking that the court dismiss his entire case.

Without no attorney and Defendant’s motion for summary judgment pending in front of the Honorable Judge, he came to our law firm seeking representation with long odds. We ultimately accepted representation and asked the court for time to respond to the pending motion to dismiss.

Our law firm responded to the motion for summary judgment and provided evidence to the Honorable Judge that Plaintiff was subjected to a racially hostile work environment and that Defendant’s management failed to take appropriate action to stop it. Instead, Plaintiff was retaliated against and denied a promotion for having complained. The Honorable Judge agreed. In denying Defendant’s motion for summary judgment on the racial harassment and failure to promote claims, the Court stated that Plaintiff had created a genuine issue of material fact and is entitled to a jury trial on those issues. The trial will be set to occur in Chicago in August 2009.