Flores v. Board of Trustees of Community College District No. 508

103 F. Supp. 3d 943, 2015 U.S. Dist. LEXIS 59879, 2015 WL 2195090
CourtDistrict Court, N.D. Illinois
DecidedMay 6, 2015
DocketNo. 14 CV 7905
StatusPublished
Cited by16 cases

This text of 103 F. Supp. 3d 943 (Flores v. Board of Trustees of Community College District No. 508) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flores v. Board of Trustees of Community College District No. 508, 103 F. Supp. 3d 943, 2015 U.S. Dist. LEXIS 59879, 2015 WL 2195090 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION and ORDER

Young B. Kim, United States Magistrate Judge

Plaintiff Rebecca Flores brings this suit against Defendant Board of Trustees of Community College District No. 508 (“City Colleges”), alleging violations of the lili-[946]*946nois Human Rights Act (“IHRA”) and the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq. Flores alleges in part that City Colleges unlawfully retaliated against her because she sought accommodation for her disability (Asperger’s Syndrome). -Before the court is City Colleges’ motion to dismiss Flores’s retaliation claims and to strike all retaliation related allegations in the amended complaint. For the following reasons, City Colleges’ motion to dismiss a portion of the amended complaint and to strike certain allegations is denied:

Facts

Taking Flores’s allegations as true for purposes of this motion, City Colleges hired Flores as Dean of Instruction in 2012. (R. 18, Am.Compl. ¶ 9.) The following year, in January 2013, City Colleges hired Erica Holmes as the Vice President of Instruction and direct supervisor to Flores. (Id. ¶ 11.) According to Flores, Holmes has an “extremely difficult personality,” resulting in Flores being put under “unnecessary, improper and unwarranted stress, thereby triggering various effects from her Asperger’s Syndrome.” (Id. ¶ 2.) For example, on January 16, 2013, Flores “suffered a major incident relating to her condition,” causing her to seek assistance from a counselor with her employer’s Wellness Center. (Id. ¶ 11.)

As early as January 22, 2013, Flores informed City Colleges “of the unwarranted stress she had been put under, her condition, and her need for accommodation, needing time off to obtain proper psychological care.” (Id. 3; see also ¶¶ 12-13.) Shortly -thereafter, Holmes allegedly “launched a series of attacks on Flores.” (Id.) For example, Flores alleges that from January 29 through January 31, 2013, Holmes “chastised” her for an alleged breach of protocol, questioned Flores’s ability to continue to serve as a Dean, made a “caustic remark” to Flores regarding her tardiness to a meeting, attacked Flores for taking time off to attend to her medical condition, accused Flores of misconduct in a meeting, and scheduled a “behavioral standards in the workplace” meeting with Flores. (Id. ¶ 16.)

On February 6, 2013, during her time off for psychological care, Flores delivered a letter to the Human Resources Director setting forth her diagnoses of Adjustment Disorder with Anxiety and Asperger’s Disorder. (Id. ¶ 18.) The letter requested accommodations “to assist Flores in the performance of her job.” (Id.) When Flores returned to work on February 11, 2013, she discovered that Holmes had scheduled several ad hoc meetings, without agendas, in contravention of the requested accommodations. (Id. ¶20.) The following day, Flores spoke with the District EEO Officer regarding the requested accommodations and Holmes’s “threatening] and humiliating]” conduct toward Flores. (IdV 22.) On February 15, 2013, Holmes emailed Flores, complaining about what she characterized as Flores’s “excessive absences” from work. (Id. ¶ 23.) Flores responded that she found Holmes’s approach to be “hostile and intimidating anql completely inconsistent with [Flores’s] recent diagnosis.” (Id. ¶ 24.) Flores further complained about her “total disregard for ... the accommodations I am requesting and need.” (Id. ¶ 24.)

On February 18, 2013, Flores resigned from City Colleges. (Id. ¶26.) Flores expressed in her resignation letter that she “found herself frustrated, fearful, intimidated and inexorably stressed at the continued hostility generated by the words and actions of [Vice President] Holmes.” (Id.) Flores further noted that Holmes had “not only disregarded nine of the thirteen documented requests in this past week alone, but ha[d] appeared to retaliate against [Flores] for having made them in [947]*947the first place.” (R. 28-l(C), Pl.’s Resp., Resignation Ltr.)

Procedural History

Flores, proceeding pro se, filed a charge with the Illinois Department of Human Rights (“IDHR”) on April 8, 2013. (R. 24-1, Def.’s Mot., IDHR Charge1; R. 28, Pl.’s Resp. at 1.) The charge sets forth two claims: (1) failure to accommodate her disability; and (2) constructive discharge based on the failure to accommodate. (R. 24-1, Def.’s Mot.) The charge does not mention “retaliation.” (Id.) On the same day that Flores filed her IDHR charge, she submitted an IDHR intake form, (R. 28-l(A),- Pl.’s Resp.), and attachments, including the following:

• Flores’s “Issue, Basis and Allegation of Discrimination,” (R. 28-l(B), Pl.’s Resp.);
• February 18, 2013 resignation letter from Flores to Dr. Joyce Ester, President of Kennedy-King College (“KKC”), (R. 28-l(C), PL’s Resp.);
• Flores’s timeline of events, (R. 28-1(D), PL’s Resp.); and
• February 6, 2013 letter from Flores to Araceli Cabrales-Medina, the Human Resources Director of KKC, (R. 28-l(E), PL’s Resp.).

The IDHR issued a Notice of Dismissal on July 16, 2014. (R. 24-2, Def.’s Mot., IDHR Notice of Dismissal.) Thereafter, Flores filed this lawsuit, and the parties consented to this court’s jurisdiction. See 28 U.S.C. § 636(c); (R. 12).

Analysis

A. Count II

Flores argues that City Colleges’ motion should be treated as a Rule 12(c) motion for judgment on the pleadings with respect to Count II (retaliation claim under the IHRA) because it filed an answer to that count in response to her original complaint. (R. 16, Ans. at 14-15.) In her amended complaint, Flores changed Defendant’s name and added Counts III and IV (ADA claims). (R. 18, Am. Compl. at 1, ¶¶ 39-44.) Subsequently, City Colleges filed the present motion to dismiss Counts II and IV of the amended complaint. (R. 24, Def.’s Mot. at 1.) Accordingly, Flores correctly asserts that City Colleges’ Rule 12(b)(6) motion should be treated as a Rule 12(c) motion as to Count II. See McMillan v. Collection Prof'ls, Inc., 455 F.3d 754, 757 n. 1 (7th Cir.2006). But hecause the coprt evaluates a Rule 12(c) motion under “the same standard as a Rule 12(b)(6) motion,” id,.; see also Lanigan v. Vill. of East Hazel Crest, Ill., 110 F.3d 467, 470 n. 2 (7th Cir.1997), the court refers to the present motion as styled by City Colleges as a Rule 12(b)(6) motion.

B. Exhibits

In briefing the instant motion to dismiss, both parties attached to their briefs and referred to documents that are not attached to the amended complaint, without analyzing the propriety of such actions.2 (See R. 24, Defi’s Mot. at 3-4 nn. 2-3; R. 28, PL’s Resp. at 2 n.2.) City Colleges attached Flores’s IDHR charge and the [948]*948IDHR dismissal notice and investigation report. (R. 24-1, 2, Def.’s Mot.) Flores attached documents that she, proceeding pro se

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103 F. Supp. 3d 943, 2015 U.S. Dist. LEXIS 59879, 2015 WL 2195090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flores-v-board-of-trustees-of-community-college-district-no-508-ilnd-2015.