Jacqueline Smith worked as a server in the Illinois Department of Human Services (DHS) John J. Madden Mental Health Center from 2000 to 2004.
In September 2003, a co-worker, Eddie Spivey, allegedly called Smith a sexually explicit name while their supervisor, Bella Ynares, was present. Smith asked Ynares to speak to Spivey about his comment.
From then on, Smith said Spivey repeatedly harassed her, calling her names and telling co-workers she masturbated in the workplace, used sex toys, had indiscriminate sex and was spreading a sexually transmitted disease.
After the rumors spread, Smith said several co-workers requested sexual favors from her and one touched her.
In November 2003, Smith filed a sexual harassment complaint. Shortly after, Ynares asked Spivey to stop spreading rumors about Smith, but the behavior continued. In April 2004, after three more written complaints, HR began an investigation.
On July 7, Smith filed an EEOC complaint. But on July 27, she received notice of a pre-disciplinary hearing concerning excessive . Smith later said she had missed work because she could no longer bear Spivey’s harassment. In October, the state fired Smith for having 11 unauthorized absences. She sued.
In court, Smith showed that Spivey, her alleged serial harasser, had more unauthorized absences than Smith for every 12-month period since 2001. Yet Spivey had not been discharged. This, coupled with the timing of Smith’s termination and the DHS’ inaction on Smith’s complaint, all led the court to deny DHS’ request to have the case dismissed. A court now will hear Smith’s harassment and retaliation case.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Why the spike in pro se cases? Courts are helping employees
- Leave-Of-Absence accommodation and the New Jersey Law Against Discrimination
- Disabled employee must be able to perform
- Could he sue us? Employee was fired after he injured himself on the job