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Lofton v. Kachiroubas

August 10, 2009

TANYA M. LOFTON, PLAINTIFF,
v.
18TH JUDICIAL CIRCUIT COURT OF DUPAGE [COUNTY] CHRIS KACHIROUBAS, DEFENDANT.



The opinion of the court was delivered by: Matthew F. Kennelly, District Judge

MEMORANDUM OPINION AND ORDER

On June 2, 2008, pro se plaintiff Tonya Lofton filed suit against DuPage County for discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2oooe-5, and 42 U.S.C. § 1981. On February 10, 2009, Lofton filed an amended complaint, naming as defendants the County and Chris Kachiroubas, Clerk of the Eighteenth Judicial Circuit. After the Court expressed the view that the amended complaint did not sufficiently describe what Lofton contended the defendants had done, she filed a second amended complaint on March 25, 2009, naming only Kachiroubas as a defendant. Kachiroubas has moved to dismiss the second amended complaint for failure to state a claim. For the following reasons, the Court grants Kachiroubas's motion in part and denies it in part.

Facts

Tonya Lofton was employed by Kachiroubas, Clerk of the Eighteenth Judicial Circuit, until October 2005, when she resigned. Lofton filed a complaint with the Equal Employment Opportunity Commission (EEOC) on August 15, 2005, alleging discrimination on the basis of race involving unequal pay and denial of a promotion. After completing its investigation, the EEOC issued Lofton a notice of right to sue, which she received on March 27, 2006.

Ninety-two days later, on June 27, 2006, Lofton filed suit in this court against the "DuPage Circuit Court." Lofton v. DuPage Circuit Court, Case No. 06 C 3477. In that suit, Lofton complained of race discrimination in violation of Title VII and section 1981. Lofton later filed an amended complaint against Kachiroubas and other clerk's office personnel, alleging that she had not been given raises that white workers were given and was denied training opportunities and promotion(s) because of her race. Kachiroubas moved to dismiss, arguing that Lofton had failed to file her Title VII claim within ninety days of her receipt of the right to sue letter. The Court appointed counsel to represent Lofton. On April 5, 2007, Lofton voluntarily dismissed the case without prejudice.

On April 16, 2007, Lofton filed a second complaint with the EEOC, alleging race discrimination and retaliation. Specifically, Lofton complained of harassment and falsification of information in her personnel file. The EEOC eventually issued a notice of right-to-sue, which Lofton received on March 15, 2008.

On June 2, 2008, Lofton filed her current suit. In her second amended complaint, Lofton alleges discrimination in violation of Title VII and section 1981. In that complaint, Lofton alleges discrimination based on her race and color, national origin, and gender. Specifically, she alleges that Kachiroubas:

- failed to promote her;

- failed to stop harassment;

- failed to pay her equally to similarly situated co-workers.

- retaliated against her for filing an EEOC charge by putting untrue negative information in her personnel file and failing to put favorable information in the file.

The first three of these points encompass the same claims that Lofton made in her first suit.

Kachiroubas has moved to dismiss each of Lofton's claims. He argues that the discrimination claims that were included in the earlier suit are time-barred and that Lofton's claims made for ...


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