City Colleges Moves to Dismiss Some Charges in Discrimination Suit
By Anthonia Akitunde in News on May 23, 2009 10:15PM
In an unforeseen move, lawyers representing City Colleges of Chicago argued in court Friday morning that two out of four charges filed against them by a former employee should not be dismissed in a discrimination case.
It had been expected for the college system to move to dismiss the entire case.
Ramona Shaw, a former human resources employee, sued the district in 2007, alleging she was fired by the department's director after raising concerns of pay discrepancy between Hispanic and black human resources employees. Shaw, who is black, believes Hispanics were being paid more.
Shaw also alleges that pressure from Major Richard M. Daley's office led City Colleges to hire a Hispanic person for the human resources department's top position. According to a Chi-Town Daily report, Shaw said she was passed over for the position because she is black, despite having filled the same position in 2004 during an interim period.
City Colleges of Chicago wants to throw out charges that relate to Section 1981 of the Civil Rights Act of 1866, giving an employee the right to sue for retaliation against his or her employer, and focus on Title VII of the Civil Rights Act of 1964, which bans workplace harassment and discrimination based on race, sex and origin.
Lawyers believe Shaw will have a hard time proving discrimination based on race and "that the alleged discrimination was part of an official policy or custom."
While Section 1981 does not place a limit on how much in damages a plaintiff could receive, Title VII limits damages to $300,000 "for employees of organizations with more than 500 employees," according to Chi-Town Daily.