Kathy Dunn v. Cook County et al.

Summary

The United States District Court for the Northern District of Illinois addressed defendants’ motions to dismiss and strike in Kathy Dunn’s employment-discrimination and retaliation action against Cook County entities. The court dismissed most claims for failure to exhaust administrative remedies or failure to state a claim, allowed the Illinois workers’ compensation retaliatory-discharge claim to proceed, and struck requests for punitive damages. The court entered the order on January 21, 2026.

Holdings

1. Dunn exhausted administrative remedies only for a Title VII race-discriminatory-discharge claim and an ADEA age-discriminatory-discharge claim that could reasonably be expected to grow out of her EEOC charge. She did not exhaust claims based on disability, non-FMLA retaliation, hostile work environment, national origin, religion, sex, or adverse employment actions other than termination.
2. Dunn plausibly stated a Title VII claim that she was discharged because of her race.
3. Dunn failed to plausibly state an ADEA age-discriminatory-discharge claim because she offered only conclusory allegations concerning younger employees and did not plead facts showing that they were similarly situated.
4. Dunn failed to state an FMLA claim. Her denial-of-leave theory failed because she alleged that leave was granted, and her retaliation theory failed because she did not plead facts showing that her condition qualified as a serious health condition or rendered her unable to perform her job.
5. Dunn plausibly stated an Illinois retaliatory-discharge claim based on her workers' compensation rights, including a theory that she was discharged in anticipation of filing a claim.
6. Dunn's Illinois intentional-infliction-of-emotional-distress claim was barred by the one-year statute of limitations in the Illinois Tort Immunity Act.
7. Dunn could not recover punitive damages against the municipal defendants, so the court struck her requests for punitive damages.

Questions Presented

1. Whether Dunn exhausted administrative remedies for the discrimination and retaliation claims asserted in the complaint.
2. Whether Dunn plausibly stated a Title VII race-discriminatory-discharge claim.
3. Whether Dunn plausibly stated an ADEA age-discriminatory-discharge claim.
4. Whether Dunn plausibly stated an FMLA claim based on denial of leave or retaliation for taking leave.
5. Whether Dunn plausibly stated an Illinois retaliatory-discharge claim based on exercising or anticipating exercise of workers' compensation rights.
6. Whether Dunn's Illinois intentional-infliction-of-emotional-distress claim was barred by the Tort Immunity Act's statute of limitations.
7. Whether Dunn could recover punitive damages against the municipal defendants.

Disposition

other