Lugo v. International Brotherhood of Electrical Workers Local 134

175 F. Supp. 3d 1026, 2016 U.S. Dist. LEXIS 42871, 2016 WL 1270457
CourtDistrict Court, N.D. Illinois
DecidedMarch 30, 2016
DocketNo. 15 C 03769
StatusPublished
Cited by16 cases

This text of 175 F. Supp. 3d 1026 (Lugo v. International Brotherhood of Electrical Workers Local 134) 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
Lugo v. International Brotherhood of Electrical Workers Local 134, 175 F. Supp. 3d 1026, 2016 U.S. Dist. LEXIS 42871, 2016 WL 1270457 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

John J. Tharp, Jr., United States District Judge

Pro se plaintiff John Lugo1 brings suit against the defendants International Brotherhood of Electrical Workers Local # 134 (“Local # 134”), Edwin D. Hill, Lonnie R. Stephenson, International Brotherhood of Electrical Workers Local #538 (“Local # 538”), MTS Titan Electric, LLC (“Titan”), and Industrial Contractors, Skanska, Inc. (“Skanska”), alleging racial discrimination and retaliation, in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2, and 42 U.S.C. § 1981.2 The defendants have moved to dismiss. See Mts. Dismiss, ECF Nos. 32, 35, 39, 42, 46. For the following reasons, the motions to dismiss are granted in part and denied in part.

BACKGROUND3

John Lugo is a 51-year-old Hispanic male. First Am. Compl. (“FAC”) ¶ 1. He was a member of the International Brotherhood of Electrical Workers from January 2003 through June 2007. FAC ¶ 8. Lugo contacted Local # 134 in March 2012 to reapply for union membership. FAC ¶ 13. He was initiated as a new member of Local # 134 on November 26, 2013. FAC ¶ 9. So far as the record reflects, Lugo was never a member of Local # 538.

After requesting to rejoin the Local # 134, Lugo’s credential as a Journeyman Electrician “was removed” on August 25, 2012. FAC ¶ 14. On August 27, 2012, while working at Freeman Electrical Contractors, the Local # 134 job steward, Patrick Duffy, sent Lugo home because he was not a union member. FAC ¶ 15.4 Lugo states [1031]*1031that at the time he was employed at Freeman Electrical, he was a “Group One Member,” the designation IBEW gives to the most experienced electricians who have more than four years of work experience. FAC ¶ 16. After dismissing Lugo from Freeman Electrical, Local # 134 filled Lugo’s position with “lesser experienced, Caucasian ‘Group Three Members,’ ” who had fewer than six months of work experience. FAC ¶ 17.

In March 2013, Lugo had a contract with Neutron Electric to complete electrical work at the B.P. Oil Refinery in Whiting, Indiana. FAC ¶ 18. Lugo claims that, throughout this employment, he routinely experienced harassment by Caucasian union members (the FAC does not specify to which union the alleged harassers belonged, but it is reasonable to infer from context that they were members of Local # 134), such as threats of physical assault and demeaning gestures, ie. spitting near him. FAC ¶¶ 19-20. On March 16, 2013, Lugo learned of postings about him on the Local # 134 members-only Facebook page; for example, Local # 134 union job steward Mike Supilowski posted, in reference to Lugo, “Needs to have his teeth kicked in.” FAC ¶ 21, Ex. A. On May 10, 2013, while still employed with Neutron Electric at the B.P. Refinery, Lugo discovered a hangman’s noose in his tool bag. FAC ¶ 22. Lugo learned that other minority employees had experienced similar incidents finding a hangman’s noose in or near their tool bags at the B.P. Refinery. FAC ¶ 23.

On November 15, 2013, Lugo filed a charge of discrimination against Local # 134 with the Illinois Department of Human Rights (“IDHR”). FAC Ex. B. The charge explained that, after requesting an application for union membership, Lugo had been denied the opportunity to become a union member and had been “classified in a manner that will cause loss of employment and create[] a hostile work environment.” Id. Lugo stated that he had been discriminated against because of his race, American Indian, and national origin, Hispanic. Id. On November 25, 2013, Local # 134 union official Diane Gartland refused to allow Lugo to sign the “out of work book” designated for electricians seeking work. FAC ¶ 25. Lugo’s application for Local # 134 union membership was approved the next day, on November 26, 2013. Lugo alleges, however, that he experienced “continued retaliation” for filing the EEOC charge. FAC ¶ 26.

Nearly a year later, in October 2014, while Lugo was employed by Skanska, he again became aware of Facebook postings by Local # 134 members: Jim Thomas posted, “John Lugo citing [sic],” and Ron Sonne posted, “Does he have a target on his back?” FAC ¶27, Ex. C. On October 21, 2014, Skanska project manager Brent Dierlam informed Lugo that he was being “let go because of a reduction in workforce.” FAC ¶ 28. Later that day, Skanska contacted Local # 538 to request 15 additional electricians for the job site from which Lugo had just been let go. FAC ¶ 28. On October 22, 2014, Lugo contacted Local # 538 official Jim Baily to confirm that Lugo was eligible to return to Skans-ka Electric as one of the group of 15 newly requested electricians; Baily informed Lugo that Skanska denied Lugo employment for unknown reasons. FAC ¶ 29.

From November 15, 2014 through December 24, 2014, Lugo workéd for Titan Electric but was laid off on December 24 by Titan project manager Ken Kovach as part of a “one man layoff, reduction in workforce.” FAC ¶ 30.

On January 30, 2015, the Equal Employment Opportunity Commission (“EEOC”) issued a notice of right-to-sue, based on the November 15, 2013 charge against Local # 134. FAC Ex. E. Lugo filed this lawsuit on April 29, 2015 against Locals [1032]*1032# 134 and # 538, Skanska, Titan, Hill, and Stephenson, alleging racial discrimination and retaliation. See Compl., ECF No. 1. In response to motions to dismiss by defendants Skanska, Hill, Stephenson, and Local # 538, Lugo filed the First Amended Complaint. See Mts. Dismiss, ECF Nos. 10, 15, 19. The defendants now move to dismiss that complaint.

DISCUSSION

“To survive a motion to dismiss under Rule 12(b)(6), a complaint .must ‘state a claim to relief that is plausible on its face.’ ” Adams v. City of Indianapolis, 742 F.3d 720, 728 (7th Cir.2014) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “ ‘A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the-defendant is liable for the misconduct alleged.’” Adams, 742 F.3d at 728 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), Although notice pleading under Rule 8 is a more permissible standard than the code pleading that preceded it, “it does not unlock the doors of discovery for a plaintiff armed with. nothing more than conclusions.” Iqbal, 556 U.S. at 678-79, 129 S.Ct. 1937. A court must accept all of the plaintiffs factual allegations as true when reviewing the complaint, but conclusory allegations merely restating the elements of a cause of action do not receive this presumption: “a court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth.” Id. at 679, 129 S.Ct. 1937, “A complaint must allege facts to support a cause of action’s basic elements; the plaintiff is required to do at least that much.” Adams, 742 F.3d at 728.

I. Defendant Hill

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
175 F. Supp. 3d 1026, 2016 U.S. Dist. LEXIS 42871, 2016 WL 1270457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lugo-v-international-brotherhood-of-electrical-workers-local-134-ilnd-2016.