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Glemser v. Sugar Creek Realty

January 26, 2010

KRISTEN J. GLEMSER, PLAINTIFF,
v.
SUGAR CREEK REALTY, LLC, D/B/A PINE WOODS APARTMENTS, AND TERI LORTON, DEFENDANTS.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge

OPINION

This matter is before the Court on the Defendants Motion to Dismiss [d/e 4]. The Plaintiff has not responded to that Motion.

The Defendants seek partial dismissal of the Plaintiff's Complaint [d/e 1-1]. Specifically, the Defendants seek the dismissal of the Title VII claims against Defendant Teri Lorton, and the dismissal of the Plaintiff's Illinois Human Rights Act claims against both Defendants. The Defendants seek dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

In assailing the Illinois Human Rights Act claims, the Defendants rely upon an affirmative defense--failure to exhaust administrative remedies. Affirmative defenses cannot provide the basis of relief under Rule 12(b)(6). Rather, relief is appropriate under Rule 12(c)--judgment on the pleadings. Accordingly, the Court recharacterizes that portion of the Defendants' Motion as a Motion for Judgment on the Pleadings.

I. BACKGROUND

A. The Complaint

This is a sexual harassment discrimination action pursuant to Title VII of the Civil Rights Act of 1964*fn1 and the Illinois Human Rights Act, 775 ILCS 5/2-102(D). The Plaintiff seeks compensatory and punitive damages, the reimbursement of costs and attorney fees, and a declaration that the Defendants' alleged acts were unlawful.

Plaintiff Kristen J. Glemser was an employee of Defendant Sugar Creek Realty until December 8, 2006. Sugar Creek employed individuals to manage and market its properties. During the Plaintiff's employment, she reported directly to Defendant Teri Lorton.

The complaint alleges that on December 7, 2006, Defendant Lorton committed a number of acts during work hours at the job location that constitute sexual harassment and the creation of a sexually hostile working environment.

In the excerpted portion of the Complaint below, the Plaintiff alleges that Defendant Lorton committed the following acts:

(A) Repeatedly asking GLEMSER, in front of others, to put on a pair of underwear, which several people had already worn;

(B) Following GLEMSER into a restroom and blocking her exit with the help of another woman;

(C) Approaching GLEMSER in the restroom and unbuttoning GLEMSER's pants without her consent;

(D) Forcing GLEMSER to put on the underwear again, in front of another woman;

(E) Pulling her into the Lobby, where a maintenance worker of SUGAR CREEK took pictures of GLEMSER in the ...


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