Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 1 of 9
",OCKETED IN T"" UNITED STATES DISTRICT COUf\ l'IuRTHERN DISTRICT OF ILLINOIS EASTERN DIVISION APR 1 8 2002

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RHONDA PORTER,

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Plaintiff,

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)

vs.

)

)

INTERNATIONAL PROFIT ASSOCIATES, INC. )

)

Civil Action No.
JUDGE NORDBERG

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, Defendant.

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Trial By Jury Demanded

COMPLAINT Plaintiff, RHONDA PORTER, states as follows:
Jurisdiction and Venue

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1.

This is an action for relief to redress the deprivation of Plaintiff's rights secur~'~ by vi

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Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; and also for relief.

pursuant to a pendant state claim.

2. This Court has jurisdiction of this action under 28 U.S.C. § 2000e-5(f)(3) and 28

U.S.C. § 1367.

3. Venue is proper pursuant to 28U.S.C. § 1391(a).

Parties

4. Plaintiff, RHONDA PORTER is a female citizen ofilie United States and Illinois.

At all times relevant herein, Plaintiff has resided in the district of this Court. Plaintiff was an

employee of ilie Defendant INTERNATIONAL PROFIT ASSOCIATES, INC. ("IPA") from

November, 1998 until on or about August 28, 2001, when she was unlawfully fired.

5. Defendant IPA is an Illinois business entity. Defendant is and was at all relevant times

herein, an "employer" wiiliin the meaning of Title VII, 42 U.S.C. § 2000e(b).

Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 2 of 9

~, Administrative Procedure

/',

6. On or about January 7, 2002, and within 300 days of the last act of discrimination,

Plaintiff filed a charge of discrimination with the United States Equal Employment Opportunity

Commission ("EEOC"), a copy of which is attached as Exhibit "A" to this Complaint.

7. On or about January 24, 2002, a "Notice of Right to Sue" was issued from the

District Office of the EEOC for the charge of discrimination (a copy of which is attached to this

Complaint as Exhibit "B"), entitling Plaintiff to institute a civil action in the appropriate Federal

District Court within 90 days of the date of receipt of the notice. The notice was received by

Plaintiff on January 28, 2002.

COUNT I (Federal Claim-Sexual Discrimination)

8. Plaintiffs last position with IPA was as a business coordinator.

9. At all times relevant hereto, Plaintiff performed her employment duties in a

satisfactory marmer.

10. Shortly after she began to work at IPA, and continuing throughout her employment

with IPA, Plaintiffwas sexually harassed and sexually discriminated against by management and/or

supervisors of IPA. This unlawful discrimination and harassment included, but was not limited to

the following:

a. Being approached by Gordon Gurney and Joe Woods, supervisors at IPA, and being told by them that she must have sex with Dan Druggan, the Director of Sales for IPA. She was further told that if she did not agree to have sex with him, she would have problems at IPA. She was also told that she was doing well at IPA and if she wanted to continue to do well, she would do what she was told.;
b. Dan Druggan, Director of Sales for IPA, forcing Plaintiff to have sex with him under the threat that if she did not, she would have problems at IPA;
c. Being touched and/or hit on various parts of her body, without her consent, by management and supervisors ofiPA, including but not limited to Gordon Gurney, David Soskin and Tony Jones. The areas ofPlaintiffs body that were touched and/or hit included the breast, buttocks, vagina and back.

2

Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 3 of 9

d. Bein'''llled filthy sexual names and being tQY"',?lthy sexual things by

supervIsors and managers ofIPA, including but nv ••tmited to Tyler Burgess,

Gordon Gurney, Tony Jones and David Soskin. The names and statements

included, but were not limited to the following: "ghetto whore", statements

about Plaintiffs' nipples, statements about Plaintiff's breasts, and statements

about Plaintiff being a bitch". Tony Jones also told Plaintiff constantly that

he and she would be "good together" sexually;

e. Supervisor Tony Jones coming up to Plaintiff and rubbing his penis against

her, stating that he had a "man size anaconda";

f.

Gordon Gurney telling Plaintiff to have sex with another woman while Dan

Druggan either watched or "joined in"; and

g. Supervisors and management breaking into Plaintiffs' phone calls with her

husband and making sexual comments which included but were not limited

to stating that Plaintiff was "going to go home with me" (referring to the

. supervisor or manager);

II. The acts alleged above were directed to Plaintiff because she is female, and the acts

created a hostile work environment.

12. In 200 I, Plaintiffparticipated in an investigation the Equal Employment Opportunity

Commission ("EEOC") was doing with regard to IPA. The investigation had to do with numerous

claims of women that were sexually discriminated against and sexually harassed when they worked

atIPA.

13. Approximately two weeks before Plaintiff was fired, Gordon Gurney told Plaintiff

to have sex with Dan Druggan and Plaintiff refused. Nevertheless, Mr. Gurney kept coming back

to Plaintiff again and again and Plaintiff kept refusing. At that point, Mr. Gurney stated that if

Plaintiff did not have sex with Mr. Druggan, Mr. Druggan would be upset and "something" would

happen to Plaintiff's job and that she would be "sorry".

14. On or about August 15,200 I, and after the events referred to in paragraph 12, Plaintiff

was approached by managers and supervisors ofIPA, and falsely accused of being drunk. Further,

Plaintiffwas assaulted, and physically and emotionally injured, by the managers and supervisors, and

had to seek emergency care at a hospital.

3

Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 4 of 9
15. Plaintiff wa<\lsely accused and assaulted by manage>''\lld supervisors at IPA because she refused to have sex with Dan Druggan and/or because Plaintiff had participated in an investigation performed by the EEOC with regard to claims ofsexual discrimination that took place at IPA.
16. Plaintiff was not allowed to work at IPA after August 15, 2001. On or about August 28,2001 Plaintiffwas told she was discharged. This discharge was in retaliation forrefusing to have sex with Dan Druggan and/or for participating in the EEOC investigation referred to above.
17. IPA supervisory and management level personnel had knowledge of each and every act alleged above, and did nothing to remedy the situation, and as a result, the acts of sexual harassment and sexual discrimination continued throughout Plaintiffs employment with IPA, and unlawful retaliation also took place. Due to Defendant's discriminatory behavior, Plaintiff has suffered monetary damage and emotional pain and suffering.
WHEREFORE, Plaintiff, RHONDA PORTER, prays that this court enter jUdgement in her favor on Count I and against Defendant, INTERNATIONAL PROFIT ASSOCIATES, INC. as follows:
a. That a finding be entered that Defendant violated Title VII by sexually . discriminating against Plaintiff;
b. That Plaintiff be awarded the maximum monetary damages available; c. That Plaintiff be awarded all wages, benefits and other compensation due
to her being wrongfully fired by the IPA; d. That Plaintiff be awarded punitive damages; e. That Plaintiff be awarded reasonable attorney's fees and costs; and f. That Plaintiff be awarded such other relief as this court deems proper.
COUNT II (Federal Claim-Retaliation) 18. Plaintiff adopts and realleges the allegations of paragraphs 1-17 as though fully set forth herein.
4

Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 5 of 9
WHEREFORE, Pla;jf, RHONDA PORTER, prays that this(~ enter judgement on
Count II in her favor and against Defendant, INTERNATIONAL PROFIT ASSOCIATES, INC. as
follows:
a. That a finding be entered that Defendant violated Title VII by retaliating against Plaintiff;
b. That Plaintiff be awarded the maximum monetary damages available; c. That Plaintiff be awarded all wages, benefits and other compensation due
to her being wrongfully fired by the IPA; d. That Plaintiff be awarded punitive damages; e. That Plaintiff be awarded reasonable attorney's fees and costs; and f. That Plaintiff be awarded such other relief as this court deems proper.
COUNT III
(State Claim-Intentional Infliction of Emotional Distress)
19. Plaintiffadopts and realleges the allegations ofparagraphs 1- 18 as though fully set
forth herein.
20. The management and supervisors at IPA, including, but not limited to Gordon
Gurney, Joe Woods, Dan Druggan, Tyler Burgess, David Soskin and Tony Jones, acted as the alter
ego ofIPA.
21 IPA' s conduct was extreme and outrageous.
22. IPA knew that there was a high probability that its' conduct would cause plaintiff
severe emotional distress, and acted in reckless disregard as to the effect ofits' conduct on plaintiff.
23. The IPA'S conduct did in fact cause Plaintiff severe emotional distress.
WHEREFORE, Plaintiff, RHONDA PORTER, prays that this court enter jUdgement on
Count III in her favor and against Defendant, INTERNATIONAL PROFIT ASSOCIATES, INC. as
follows:
a) That a finding be entered that the IPA injured Plaintiff by intentional infliction of emotional distress;
b) That Plaintiff be awarded all wages, benefits, and other compensation lost due to the IPA' S unlawful actions;
c) That Ph~intiffbe awarded the maximum monetary damages available;

Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 6 of 9 d) That "'intiff be awarded punitive damages so y~ IPA does not act in a similar matter in the f u t u r e ; ' e) That Plaintiffbe awarded reasonable attorneys fees and costs; and f) That Plaintiff be awarded such other relief as this court deems just and proper. Respectfully submitted, RHOND.:::A..P . ~~
ROSS J. PETERS The Law Offices of Ross J. Peters & Associates, Ltd. 33 North County Street - Suite 402 Waukegan, Illinois 60085 Telephone: (847) 625-1854 Facsimile: (847) 625-0282 Attorney Number: 03126326
6

Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 7 of 9
SEE CASE FILE FOR
EXHIBITS

Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 8 of 9

JS 44 (Rev, 12/96)

(J) ,...--"'.CIVIL COVER SHEET

The JS-44 civil cover sheet and the information cOII~ned herein neither replace nor supplement the filing at 1_ ..drvice of pleadings or other papers as recp.Urec:

by law, except as provided by local rules of court, This form, approved by the Judicial Conference of the Untted States in September 1974, is required forb ...

IJUGKUeD of the Cieri< of Court for the purpose of initiating th~~ocket, sheet. ,(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM,}

I. (a) PLAINTIFFS

DEFENDANTS

RHONDA PORTER

INTERNATIONAL-PROFIT ASSOCIATES,. INC.

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF

COOK

(EXCEPT IN U.S, PLAINTIFF CASES)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT

COOK

(IN U.S, PLAINTIFF CASES ONLy) ~ NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
TRACT OF LAND INVOLVED,

(e) ATTORNEYS (FIRM NAME, ADDRESS. AND TELEPHONE NUMBER)
Ross J. Peters T&hAessLoacW~a,Otefsf,jceLs tdo.f Ross J. W33auNke. Canoun1ty1. st6o 08- 5 Su'

Peters

ATIORNEYS (IF KNOWVN":
I'" I" J

II. BASIS OF JURISDICTION

(PLACE AN "X" IN ONE BOX ONLY)

o 1 u.s. Government
Plaintiff
o 2 U.S, Govemment Defendant

yo Federal Question (U,S, Govemment Not a Party)
04 Diverstty (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES(p1AcEAN'~ONE!!.<lx"ORPlA""1Ff

(ForDlverstty Cases OnllYV~l.itlC'-'!D1E"F-R' ATE Ju;j,'_.e,F;'~~c~o~fN'1l0.>.QA]N>1T]F lIEF

Citizen of This State

0 , 0 1 Incorporated 0; principal P~ l-Q 4 0 4

Of Business;l,~~Thisl~te "}

Citizen of Another State 0 2 02 Incorporated 'and Pli6(ffpal ~"b 5 CJ 5

of Business In An01l'lsr Slate ~

Citizen or Subject of a 0 3 0 3 Foreign Nation

CJ

Foreign Country

=t:, 6 D.

IV. ORIGIN
)t't Original Proceeding

0 2 Removed from State Court

(PLACE AN 'X" IN ONE BOX ONLy)

0 3 Remanded from o 4 Reinstated or

Appellate Court

Reopened

Transferred from o 5 another district
(specify)

08 Multidistrict Utigation

Appeal to DSicI
JudQefrom o 1 Magistrate
Judgment

V. NATURE OF SUIT (PLACE AN "X" IN ONE BOX ONLy)

CONTRACT
o 110 Insurance
0120 Marine
o 130 Miller Act o 140 Negotiable Instrument o 150 Recovery 01 OVerpaymenT
& Enforcement Of JudgmenT
o 151 Medicare Act o 152 Recovet of Delaulted
StudenT cans {Exci. Veterans}
o 153 Recovery of OVerpayment of Veteralfs Benefits
o 160 stockholde/S'Suits o0190 OIherContract
195 Contract Product liability
REAL PROPERTY
0210 Land Condemnation
o 220 Foreclosure o 230 Rent Lease & Ejectment o 240 Torts to Land o0245 Tort Product Liability
280 All Other Real Property

TORTS

FORFEITURE/PENALTY

PERSONAL INJURY
o 310 Airplane o 315 Airplane Product
Liability
o 320 Assault. Libel & Slander
o 330 Federal Employers' Liability
o0340 Marine 345 Marine Product Liability
o 350 Motor Vehicle o 355 Motor Vehicle
Product Liability
o 360 Other Personal Injury

PERSONAL INJURY
o 362 Personal InJury Mad. Malpractlce
o 36S ~~~I~I~~I'j;y-
o 368 Asbestos Personal Injury Product Liability
PERSONAL PROPERTY
o 370 Other Fraud o 371 Truth In Lending o 380 Other Personal
Property Damage
o 385 Propeny Damage Product liability

CIVIL RIGHTS
o 441 Voting
~442 Employment
o 443 Housing' Accommodations
o0444 Welfare 440 Other Civil Rights

PRISONER PETITIONS

o 610

o o

530 535

o0 5 4 0 550

0556

Motion to Vacate Sentence Habeaa Corpua;
General Death Penalty Mandamus & Other OvH Rights
Prison Condition

o 810 Agriculture
o 620 Other Food & Drug o 625 Drug Related Seizure
of Property 21 USC 881
o 630 Liquor Laws o 640 R.R. & Truck o 650 Airline Regs o 660 Occupational
Safety/Health 0690 Other
LABOR
o 710 Fair Labor Standards
Acl
o 720 Labor/Mgmt. Relations
o 730 Labor/Mgmt. Reporting & Disclosure Act
o 740 Railway Labor Act
o 790 Other Labor Lltlgallon
o 791 Empi. Ret. Inc Security Act

BANKRUPTCY
o 422 Appeal 28 USC 158 o 423 Withdrawal
28 USC t57
PROPERTY RIGHTS
o 820 Copyrights
0830 Patent
o 840 Trademark
SOCIAL SECURITY
o 861 HIA {1395ff) o 862 Black Lung (923) o 863 DIWC/OIWW (405(g)) o 864 SSID Title XVI o 865 RSI (405{g))
FEDERAL TAX SUITS
o 870 Taxes (U.S. Plaintiff or Defendant)
o 871 IRS - Third Party 26 USC 7609

OTHER STATUTES
o 400 State Reapportionment o 410 Antitrust o 430 Banks and Banking o 450 Commerce/lCC Rates/etc. o 460 DeportatiOn o 470 Racketeer Influenced and-
Corrupt Organizations
o 810 SelecUve SelVlce o 850 Securities/Commodities!
Exchange
o 875 Customer Challenge 12 USC 3410
o 891 AgriculTUral Acts o 892 EconomiC Stabilization Act o 893 Environmental Matters o 894 Energy Allocation Act o 895 Freedom of
Information Act
o 900 Appeal of Fee Determination Under Equal Access to Justice
o 950 Constitutionality of State Statutes
o 890 Other Statutory Actions

VI. CAUSE OF ACTION

(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FlUNG AND WRITE BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DJVERSITY.)
c "" \ ~"'~).-..!..,J
,...i_'S:_c. ~

VII. REQUESTED IN
COMPLAINT

CHECK IF THIS IS A CLASS ACTION o UNDER F,R.C,P' 23

DEMAND $

CHECK YES only ~ demanded in complaint

JURY DEMAND: ~

0 NO

VIII. This case

~is not a refiling of a previously dismissed action.

D is a refiling of case number

, previously dismissed by Judge _ _ _ _ _ __

DATE

Case 1:02-cv-02790 Document 1 Filed 04/18/2002 Page 9 of 9

DOCKETED

UNITED STATESOISTRICTCOURT

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NORTHERN DISTRICT OF ILLINOIS < ->:- ..

In the Marter 01

RHONDA PORTER, P L A I,yNo, T I F F , _~:.':';.l~ ,:~i_':n ,~,'_~\'!!l'._:-,"'dl;'.-;<!'~) ,'''~. ",,,- ,.. , 1<' P"s ' .. ,

. INTER;N-,.,-A, T-IO"NAL,-

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P

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OFIT "-',,;,~;

ASSOCIATES,

INC"

DEFENDANT.

(Q)2C Case Number:

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~(Q)

F°f}1JDGE APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S)

g~tG>N

RHONDA PORTER

h',P,sJC.TRi\TE JU

Ross J. Suite 402
60085
I I

(C)

(0)

" '" -,

PLEASE COMPLETE IN AI..I..UI'1I.1't1;~}:litifi}

.. ,~.,.,." ,,..,.,,.,...,, eN ,,"E'JE""SE.

 
 Minute Order Fonn (06197)Case 1:02-cv-02790 Document 28 Filed 12/02/2003 Page 1 of 6

.

United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge
CASE NUMBER

Joan B. Gottschall
01 C 4427(02 C 2790~

Sllllni Judge IfOtber thaD Assigned Jud&e
DATE

121212003

CASE TITLE
MOTION:

a-p;;'rter and EEOC vs. International Profit Associates
[In tbe foUowing box (a) mdicate tbe party fihng tbc motion, c.g., plaJ.R.bff, defendant. 3ed party plamtiff, and (b) state briefly the nature
oCthe motion being presented.]

Defendant's motion to dismiss Rhonda Porter's complaint

DOCKET ENTRY:

(I) o

Filed motion of[ use listing in "Motion" box above.)

(2) o

Brief in support ofmotion due _ _'

(3) o

Answer brief to motion due_ _, Reply to answer brief due_ _.

(4) o

RulinglHearing on _ _ set for _ _ at _ _.

(5) o

Statos hearing[held/continued to) [set for/re-set for) on _ _ set for _ _ at _ _.

(6) o

Pretrial conference[held/continued to) [set for/re-set for) on _ _ set for _ _ at _ _.

(7) o

Trial[set for/re-set for) on _ _ at _ _.

(8) o

[Bencb/Jury trial) [Hearing) held/continued to _ _ at _ _.

(9) o

This case is disntissed [with/without) prejudice and without costs[by/agreemenllpursuant to)
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(I) 0 FRCP41(a)(2),

(IO)a [Other docket entry) For the reasons stated in the attached memorandum opinion and order, defendant International Profit Associates' motion to dismiss plaintiff Rhonda Porter's complaint ([5-1] in case no. 02 C 2790) is denied.

(ll) a

[For further detail see order attached to the original minute order,)

f-f--

No notices required, advised in open court No notices required. Notices mailed by judge's staff.

rJZ:t - - INotified counsel by telepbone. Docketing to mail notices.

Mail AO 450 Conn.

•

'-;I:7_..1-' Copy tojudgel~tejU~

number or notices

pr/~

courtroom
deputy's initials

. . ~ - ~ -,..., j
Date/time rocei"'!'.\' U.;J . U..J I central Clerk's Office

mailing dqKdy iniIiIJI

Case 1:02-cv-02790 Document 28
.

Filed 12/02/2003 Page 2 of 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

DOCKETED
DEC 1 J 2003

RHONDA PORTER and EEOC

)

Plaintiffs, )

v.

)

)

INTERNATIONAL PROFIT ASSOCIATES, INc.,

)

)

Defendant. )

Case Nos. 01 C 4427, 02 C 2790 Judge Joan B. Gottschall

MEMORANDUM OPINION AND ORDER

Plaintiff Rhonda Porter originally filed a three-count complaint against Defendant

International Profit Associates, Inc. ("IPA"), charging IPA in Counts I and II with sexual harassment
and retaliation under Title VII, 42 U.S.C. § 2000e, et seq. and in Count ill with intentional infliction

of emotional distress ("lIED") under TIlinois state law (No. 02 C 4427). Subsequently, Porter,

through her estate, was granted leave to intervene in a pending class action filed by the EEOC against

IPA (No. 01 C 4427), but not before IPA moved to dismiss Porter's original complaint. As an initial

matter, the court denies as moot IPA's motion to dismiss Counts I and II for violating the "prior

pending action doctrine," as these allegations now form the substance of Porter's intervenor

complaint in the class action. And for the reasons stated below the court denies IPA's motion to

dismiss Count III, Porter's lIED claim, for lack ofjurisdiction.

I. FACTS At all times relevant to her claims, Rhonda Porter was employed by IPA and at the time of

her allegedly unlawful termination, she worked for IPA as a business coordinator. Porter asserts that

she suffered sex discrimination and harassment as well as severe emotional distress caused by the

_""""wm "'."">j6 extreme and offensive conduct of her male supervisors throughout her employment with IPA.

_ill,.ly,

ofbomg"""""ti"""'rep~redly"= by h~,",,""'_,

Case 1:02-cv-02790
.

Document 28

Filed 12/02/2003 Page 3 of 6

offensively and inappropriately on her breasts, buttocks, vagina, and back, called derogatory and
"filthy" names (e.g., "ghetto whore" and "bitch"), and rubbed against in the groin area by a supervisorwho told herhe had a "man size anaconda." She also asserts that certain supervisors broke into phone calls between Porter and her husband and made rude sexual comments, that others told she needed to have sex with the director ofsales to avoid "havingproblems" at work, and still others suggested that she have sex with another woman so that they could watch or 'join in."
Approximately two weeks before IPA terminated Porter, she was propositioned repeatedly by a supervisor to have sex with the director of sales; Porter refused each time. Porter claims that after her last refusal, the propositioning supervisor told her that the director would be upset, that something would happen to Porter's job, and that Porter would be sorry. Around the same time Porter participated in an EEOC investigation of numerous claims of sex discrimination and harassment filed by other female employees ofIPA. Soon after her refusal to have sex with the director ofsales and her participation in the EEOC investigation, Porter claims that she was falsely accused of being drunk at work and was fired. She insists that she performed her job satisfactorily
and that she was terminated for having refused sex with her boss and assisting the EEOC
investigation.
n. DISCUSSION
1PA argues that Porter's TIED claim ought to be dismissed because it arises from the same
set of facts and circumstances as her federal Title VII claims, and is therefore preempted by the
IHRA. Though 1PA does not directly say so, the court interprets its motion as arguing for the dismissal of Porter's claim for lack of jurisdiction under Fed. R. Civ. P. 12(b)(1). See Thomas v.
L 'Eggs Prods., Inc., 13 F. Supp. 2d 806,808 (C.D. Ill. 1998) (finding that where llIinois court lacks

2

Case 1:02-cv-02790 Document 28 Filed 12/02/2003 Page 4 of 6
jurisdiction to hear claim, so to does federal court sitting in D1inois). The IHRA states that "[e]xcept as otherwise provided by law, no court of this state shaH have jurisdiction over the subject of an
alleged civil rights violation other than as set forth in this Act." 775 !LCS § 5/8-1 I I(C). The Act then
explains that a "civil rights violation" occurs when an employee is terminated on the basis of ''unlawful discrimination." Id. at § 5/2-102. According to the IHRA, unlawful discrimination includes "discrimination against any individual because of his or her ... sex," id. at §§ 5/l-102(A) & 103(Q), and sexual harassment, which the Act defines as "any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when ... such conduct has the purpose or effect of substantiaHy interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment," id. at § 5/2-101(E). Though the IHRA preempts state law tort claims that are "inextricably linked" to a civil rights violation, Maksimovic v. Tsogalis, 687 N.E.2d 21, 23 (TIl. 1997), ifthe complained-ofconduct "would be actionable even aside from its character as a civil rights violation because the IHRA did not 'fumish[] the legal duty that the defendant was alleged to have breached,' the IHRA does not preempt a state law claim seeking recovery for it," Krocka v. City o/Chicago, 203 F.3d 507,516-17 (7th Cir. 2000) (quoting Maksimovic, 687 N.E.2d at 23).
In this case Porter claims that she has suffered severe emotional distress due to the outrageous conduct of various IPA employees, conduct that occurred in the workplace and was mostly sexual in nature. Defendants argue that because the same allegedly inappropriate workplace behavior by IPA employees forms the basis for both Porter's sexual harassment and retaliation
claims under Title vn and her IIED claim under state tort law, the charges are inextricably linked
and she cannot bring her IIED claim independently ofa civil rights action under the IHRA. The court
3

Case 1:02-cv-02790
.

Document 28

Filed 12/02/2003 Page 5 of 6

disagrees. The proper inquiry in cases like this is "whether the tort claim is inextricably linked to a civil rights violation such that there is no independent basis for the action apart from the Act itself." Maksimovic, 687 N.E.2d at 23. The duty not to intentionally and knowingly inflict severe emotional distress upon another derives from common law and exists quite separately from the statutory
vn prohibition against workplace discrimination codified in Title and the lliRA. Arnold v. Jansen
Phannaceutica, Inc., 215 F. Supp. 2d 951,955 (N.D. TIl. 2002). Therefore, the fact that a defendant's extreme and offensive conduct might also constitute sexual harassment understate or local laws does not affect the viability ofplaintiff's tort claim for lIED. Id. And in fact, several recent decisions from this district have held that the lliRA does not preempt lIED claims in cases where, as here, the defendants' underlying conduct included numerous instances of harmful and offensive touching, suggestive sexual comments, repeated requests and propositions for sexual behavior, and crude and demeaning sexual slurs directed at the plaintiff. See, e.g., Arnold, 215 F. Supp. 2d at 955-56; Spahn
v. Int '/ Quality & Productivity Or., 211 F. Supp. 2d 1072, 1075-76 (N.D. m. 2002); Roberts v. Cook
County, 213 F. Supp. 2d 882, 886-87 (N.D, TIl. 2002); Adan v. Solo Cup, Inc., No. 01 C 3966, 2001 WL 951726, at *1-3 (N.D. Ill. Aug. 17,2001); Rapier v. Ford Motor Co., 49 F. Supp. 2d 1078,
1079-80 (N.D. m. 1999).
Under the facts ofthis particular case, the court finds that Porter has asserted sufficient facts to establish a claim for lIED independent ofthe legal duties furnished by the lliRA. Portercomplains ofbeing propositioned repeatedlyfor sex byhersupervisors, touched offensivelyand inappropriately on her breasts, buttocks, vagina, and back, called derogatory and crude names, and rubbed against in the pelvic area by a supervisor who told her he had a "man size anaconda." Since these allegations of clearly offensive conduct could support a claim for lIED separate from the llIRA's prohibition

4

, .

Case 1:02-cv-02790 Document 28 Filed 12/02/2003 Page 6 of 6

against workplace discrimination on the basis of sex, the court concludes that Porter's nED claim is not preempted by the illRA,
Ill. CONCLUSION Defendant IPA's motion to dismiss is denied,
ENTER:

DATED: December 2, 2003

nited States District Judge

5

 
 Case: 1:02-cv-2790 As of: 07/24/2008 08:52 AM CDT 1 of 3
MASON, TERMED
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 3.2.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02−cv−02790

Porter v. Intl Profit Assc Inc Assigned to: Honorable Joan B. Gottschall Demand: $0 related Case: 1:01−cv−04427 Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 04/18/2002 Date Terminated: 09/26/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Rhonda Porter

represented by Ross J. Peters The Law Offices of Ross J. Peters &Associates, Ltd. 33 North County Street Suite 402 Waukegan, IL 60085 (847) 625−1854 Email: rjp_atty@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant International Profit Associates, Inc.

represented by Cary Neal Goldberg Law Offices of Cary N. Goldberg 332 S. Michigan Avenue Suite 1000 Chicago, IL 60604 (312) 356−9009 Email: cary@cnglegal.com ATTORNEY TO BE NOTICED
Myron Milton Cherry Myron M. Cherry &Associates 30 North LaSalle Street Suite 2300 Chicago, IL 60602 (312) 372−2100 Email: mcherry@cherry−law.com ATTORNEY TO BE NOTICED

Date Filed 04/18/2002
04/18/2002 05/02/2002 05/08/2002

# Docket Text
1 COMPLAINT (Attachment); jury demand − Civil cover sheet − Appearance(s) of Ross J. Peters as attorney(s) for plaintiff ( One original and one copy summons(es) issued.) ( Documents: (1−1 through 1−3)) (gcy) (Entered: 04/18/2002)
RECEIPT regarding payment of filing fee paid; on 4/18/02 in the amount of $ 150.00, receipt # 108489. (gcy) (Entered: 04/18/2002)
2 MOTION by plaintiff to reassign the case , and for other relief (Attachments); Notice (rmm) (Entered: 05/09/2002)
3 MINUTE ORDER of 5/8/02 by Hon. Joan B. Gottschall: Motion by plaintiff to reassign the case is granted [2−1]. Pursuant to Local Rule 40.4(c), case 00 C 2790 is reassigned to Judge Gottschall which is related to 01 Cv 4427 currently pending before Judge Gottschall. Mailed notice (rmm) (Entered: 05/09/2002)

Case: 1:02-cv-2790 As of: 07/24/2008 08:52 AM CDT 2 of 3

05/09/2002 05/14/2002 05/17/2002
05/31/2002 06/04/2002
06/11/2002 06/17/2002 06/19/2002 06/20/2002 06/21/2002
07/17/2002 08/26/2002 08/28/2002

4 REASSIGNMENT ORDER of 5/9/02 This case is reassigned to the Hon. Joan B. Gottschall from the Hon. John A. Nordberg pursuant to local General Rule 40.4. , Case related 1:01−cv−4427 with case 1:02−cv−2790. (For further detail see order.) Mailed notice (mw) (Entered: 05/10/2002)
5 MOTION by defendant to dismiss counts I throught III of plaintiff's complaint ; Notice. (ntf) (Entered: 05/20/2002)
6 MINUTE ORDER of 5/17/02 by Hon. Joan B. Gottschall : Answer brief to motion to dismiss Counts I through III of plaintiff's complaint due 05/31/02. [5−1] Reply to answer brief due 6/10/02. Ruling on Defendant, IPA's motion to dismiss Counts I through II of Plaintiff's complaint will be by mail. Mailed notice (tlm) (Entered: 05/20/2002)
7 MOTION by plaintiff to amend briefing schedule concerning motion to dismiss (Attachments); Notice. (air) (Entered: 06/05/2002)
8 MINUTE ORDER of 6/4/02 by Hon. Joan B. Gottschall: Motion by plaintiff to amend briefing schedule is granted [7−1]. Briefing schedule as to pending motion to dismiss [5−1] is as follows: Plaintiff to file response by 6/11/02. Defendant's reply is due by 6/21/02. Mailed notice (air) (Entered: 06/05/2002)
9 ANSWERING brief by plaintiff to International Profit Associates, Inc's. motion to dismiss counts I throught III of plaintiff's complaint [5−1]. (ntf) (Entered: 06/12/2002)
12 MOTION by plaintiff to stay the briefing schedule with respect to International Profit Associates, Inc.'s motion to dismiss counts I &II (Attachments); Notice (ntf) (Entered: 06/25/2002)
10 REPLY by defendant to plaintiff's answering brief to IPA's motion to dismiss counts I throught III of plaintiff's complaint [5−1]. (hmb) (Entered: 06/20/2002)
11 OPPOSITION by IPA to plaintiff's motion to stay the briefing schedule with respect to International Profit Associates Inc motion to dismiss counts I throught II [5−1]. (hmb) (Entered: 06/21/2002)
13 MINUTE ORDER of 6/21/02 by Hon. Joan B. Gottschall : Plaintiff's motion to stay the briefing schedule with respect to International Profit Associates, Inc.'s motion to dismiss counts I &II until 09/30/02 is granted [12−1]. Response to motion to dismiss counts I &II of plaintiff's complaint [5−1] is due by 10/15/02. Reply is by 10/29/02. The court will rule by mail. Motion to dismiss count II is fully briefed and is taken under [5−1] advisement. Mailed notice (ntf) Modified on 07/18/2002 (Entered: 06/25/2002)
14 TRANSCRIPT of proceedings for the following date(s): 6/21/02 Before the Honorable Joan B. Gottschall. (hmb) (Entered: 07/18/2002)
16 MOTION by plaintiff for protective order , and to set a date certain for the direct examination of the plaintiff by videotape ; Notice. (hmb) (Entered: 08/29/2002)
17 MINUTE ORDER of 8/28/02 by Hon. Morton Denlow : Motion hearing held on plaintiff's motion for protective order and to set a date certain for the direct examination of the plaintiff by videotape. Plaintiff's motion for protective order [16−1] and to set a date certain for the direct examination of the plaintiff by videotape [16−2] is granted as stated in open court. The discovery portion of plaintiff's deposition to be completed on or by 9/5/02. The trial portion is to be completed on or by 9/12/02. At the time of plaintiff's next deposition, Rhonda Porter is to execute any necessary consent form for a doctors report relating to the medication taken by Porter and the implications of that medication on her testimony during her deposition. Notices mailed by Judge's staff (hmb) (Entered: 08/29/2002)

Case: 1:02-cv-2790 As of: 07/24/2008 08:52 AM CDT 3 of 3

08/29/2002 09/13/2002 09/19/2002 09/23/2002 09/25/2002
09/25/2002
09/26/2002 09/27/2002 10/02/2002 12/16/2002
12/17/2002 01/09/2003 01/17/2003
06/10/2003 12/02/2003

15 EXPEDITED REFERRAL ORDER: Case referred to Hon. Morton Denlow for settlement conference , and discovery supervision Mailed notice. (rj) (Entered: 08/29/2002)
21 MOTION by defendant for an extension of time of fact discovery cutoff date ; Notice. (hmb) (Entered: 09/26/2002)
19 MOTION by plaintiff Rhonda Porter to intervene in case 01−cv−4227 , and for other relief ; Notice (rmm) (Entered: 09/26/2002)
18 OPPOSITION by defendant to plaintiff's motion to intervene; Notice. (hmb) (Entered: 09/24/2002)
20 MINUTE ORDER of 9/25/02 by Hon. Joan B. Gottschall : Plaintiff's reply to IPA's opposition to plaintiff's motion to intervene [19−1] and for other relief [19−2] is due 10/9/02. Motion by the law firm of Ronald L. Bell &Associates, P.C. for leave to withdraw as attorney for the defendant, International Profit Association, Inc. is granted. Mailed notice (hmb) (Entered: 09/26/2002)
22 MINUTE ORDER of 9/25/02 by Hon. Morton Denlow : Motion hearing held on defendant's motion for an extension of time [21−1]. Defendant's motion for an extension of time to 12/31/02 to complete fact discovery is granted [21−1]. Notices mailed by Judge's staff (hmb) (Entered: 09/26/2002)
23 NOTICE FOR VOLUNTARY DISMISSAL OF CASE by plaintiff pursuant to Federal Rule of Civil Procedure 41(a)(1); Notice. (hmb) (Entered: 09/27/2002)
25 MOTION by Intl Profit Assc Inc for leave to file a supplemental opposition to plaintiff's motion to intervene (Attachments); Notice. (hmb) (Entered: 10/08/2002)
24 TRANSCRIPT of proceedings for the following date(s): 5/8/02 Before the Honorable Joan B. Gottschall (hmb) (Entered: 10/03/2002)
26 MINUTE ORDER of 12/16/02 by Hon. Morton Denlow : Plaintiff filed a notice for voluntary dismissal of case on 9/26/02. All matters relating to the referral of this action having been resolved. the case is returned to the assigned judge. Terminating the case referral regarding [25−1] . Notices mailed by Judge's staff (hmb) (Entered: 12/17/2002)
SCHEDULE set on 12/17/02 by Hon. Joan B. Gottschall : Status hearing set to 9:30 1/9/03 . Mailed notice (mmm) (Entered: 12/17/2002)
SCHEDULE set on 1/9/03 by Hon. Joan B. Gottschall : , Status hearing held. No notice (mmm) (Entered: 01/13/2003)
27 MINUTE ORDER of 1/17/03 by Hon. Joan B. Gottschall : Rhonda Porter has voluntarily dismissed her individual action, case no. 02c2790, and now seeks leave to intervene in case no. 01c4427. Plaintiff's motion to intervene (filed in case 02c2790 [19−1] is granted. (See reverse of minute order.) Mailed notice (hmb) (Entered: 01/22/2003)
TRANSCRIPT of proceedings for the following date(s): Held on 9/25/02 before Honorable Morton Denlow. (Original in case 01cv4427) (cem) (Entered: 06/11/2003)
28 MINUTE ORDER of 12/2/03 by Hon. Joan B. Gottschall : For the reasons stated in the attached memorandum opinion and order, defendant International Profit Associates' motion to dismiss plaintiff Rhonda Porter's complaint ([5−1] in case no. 02 C 2790) is denied. Entered Memorandum Opinion and Order. Mailed notice (aga) (Entered: 12/12/2003)