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SALDANA v. CITY OF CHICAGO

August 21, 1997

FRED SALDANA, Plaintiff,
v.
CITY OF CHICAGO, a Municipal Corporation, Defendant.



The opinion of the court was delivered by: ALESIA

 This cause is before the court on defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12.

 The motion is granted in part and denied in part.

 Plaintiff is directed to file another amended complaint consistent with this opinion. *fn1"

 I. BACKGROUND

 Plaintiff Fred Saldana -- a Hispanic male -- was employed with defendant City of Chicago's Department of Aviation ("the City"). He worked as an electrician at O'Hare Airport for approximately nine years.

 Saldana's complaint alleges that he was consistently passed over for promotion due to his Hispanic national origin. He claims that throughout his employment he was treated differently than non-Hispanic employees; for example, he was consistently denied promotions. Saldana's complaint also alleges that when he complained of the disparate treatment, the City retaliated by firing him.

 Accordingly, Saldana initiates this two-count action premised on violations of Title VII, 42 U.S.C. § 2000e et seq. Count I is a disparate treatment claim; count II is a retaliation claim. The City seeks to dismiss both counts of the complaint for various reasons.

 II. MOTION TO DISMISS - LEGAL STANDARD

 In ruling on a motion to dismiss, the court "must accept well pleaded allegations of the complaint as true. In addition, the court must view these allegations in the light most favorable to the plaintiff." Gomez v. Illinois State Board of Education, 811 F.2d 1030, 1039 (7th Cir. 1987). Although a complaint is not required to contain a detailed outline of the claim's basis, it nevertheless "must contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory." Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1106 (7th Cir. 1984), cert. denied, 470 U.S. 1054, 84 L. Ed. 2d 821, 105 S. Ct. 1758 (1985). Dismissal is not granted "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957).

 III. DISCUSSION

 The City offers numerous arguments attacking the two counts of Saldana's complaint. The court will address each argument in turn.

 A. Timeliness of EEOC Charge

 In Illinois, an individual complaining of discriminatory treatment must file a complaint within 300 days of the alleged discrimination with the Equal Employment Opportunity Commission ("EEOC"). 42 U.S.C. § 2000e-5(e); Koelsch v. Beltone Elec. Corp., 46 F.3d 705, 707 (7th Cir. 1995). ...


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