Name of Assigned Judge Harry D. Leinenweber Sitting Judge if Other or Magistrate Judge than Assigned Judge
For the following reasons, the Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Status hearing set for 5/23/2012 at 9:00 a.m. O[ For further details see text below.] Notices mailed by Judicial staff.
Before the Court is Defendants' Partial Motion to Dismiss. For the following reasons, the motion is DENIED in part and GRANTED in part.
This case represents the rare phenomenon of two opponents, through legal briefing, coming to a consensus between them as to the scope of their argument. The consensus is so extensive that this Court's ruling is largely superfluous. The Court commends the parties on their willingness to concede well-made points rather than prolonging briefing and litigation. May the trend continue.
Plaintiff Carmelita Wiley-Earls is an African-American, female employee of the Chicago Fire Department with a "career service rank" of Lieutenant and a pay rate of "F4B", but was appointed on January 16, 2006 to act as Commander, Chief of Academy Operations within the Chicago Fire Department, Bureau of Administrative Services. The "acting" status was removed on July 14, 2006 when the promotion was made permanent. Plaintiff contends this confirmation should have resulted, by contract, in a pay rank bump of two levels to "F6B." She claims similarly situated male and white employees were given the pay bump without having to request it, and further pleads that her requests for pay increases were denied. She pleads that she made such requests when she was confirmed as commander and as recently as the second half of 2010 and in 2011 and that the discrimination is continuing. She claims against the City of Chicago:
Gender-based discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e ("Title VII")
Race-based discrimination under Title VII
Race-based discrimination under the Illinois Human Rights Act, 775 ILL. COMP. STAT. 5/1 et seq. ("IHRA")
Willful discrimination in violation of the Equal Pay Act 29 U.S.C. § 206(d) ("EPA") Plaintiff filed a complaint with the Equal Employment Opportunity Commission ("EEOC") on September 7, 2011 and received her right-to-sue letter October 31, 2011. She filed suit January 7, 2012.
Plaintiff initially named the Chicago Fire Department as a Defendant in this suit. Defendants noted this is an improper entity with no separate legal existence apart from the city, and Plaintiff conceded this point in her response. Accordingly, the motion to ...