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Two black employees, wrongfully fired by CTA, sue to recoup backpay

Two nearly identical lawsuits were filed in Cook County court today against the Chicago Transit Authority, alleging that the transit agency owes a combined total of at least $250,000 to two African American employees who were wrongfully fired following an accident on July 11, 2006.

Both men, believing they were fired because of their race, filed charges with the EEOC at the time, alleging discrimination. At the hearing, it was determined for both that the accident was "caused by a mechanical malfunction and not on the negligence of the plaintiff."

Following the hearing, both men got their jobs back, but according to the complaint, the CTA "failed to award the plaintiff's back salary or vacation time."

The men believe this is due to their race, and are suing the CTA for breach of contract.

The two complaints:
Hill v CTA.pdf and McFall v CTA.pdf

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4 Comments

jack said:

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I always wondered about newspapers printing allegations, and then asking the defendant for comment when the defendant hadn't even been served.

However, it appears that this blog is just allegations, without even asking the defendant for comment, or evaluating the complaint. For instance, I suppose that 80% of CTA employees fall within the race, sex, or national origin classes protected by Title VII, and hence can make this allegation. In that the complaints are "nearly identical" seems to support that conclusion.

As we learned in law school, there is a difference between "you can sue" and "you have a claim that will stand up in court."

renee said:

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i do not believe race has anything to do with this i just believe cta has a shabby way of dealing with and doing things that they feel they can get away with until caught but race no

Joe001 said:

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Interesting that the complaints make no mention about WHY they believe race was the issue. Without that information, it's very hard to evaluate the situation.

jack said:

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I noted that this was filed in Cook County Circuit Court, not federal court, where notice pleading would be allowed. The state Civil Practice Act requires a concise statement of the cause of action. Alleging that the plaintiff believes that he was discriminated against on the basis of race does not state a cause of action, and the complaint is subject to a motion to dismiss. However, far be it from me to give CTA general counsel legal advice.

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