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JURY DEMANDED

Plaintiff demands a trial by jury.

DENISE ALLETTO,

By: J

attorn

James X. Bormes ——
LAW OFFICE OF JAMES X. BORMES»
8 South Michigan Avenue

Suit 2600

Chicago, IL 60603

312-201-0575


Ba sarc) Of oe CIVIL COVER SHEET ~

POSMOTE
NOV 24 20

The JS-44 civil cover sheet and the information contained herein neither’ “Teplace hor supplement the filing and service of pleadings or other papers as requi

SE

by law, except as provided by local rules of court. This form, approved
of the Clerk of Court for the purpose of initiating the civil docket sheet. (GEE Ns

1. (a) PLAINTIFFS :

Denise Alletto

(b) county oF RESIDENCE OF FIRST LISTED PLAINTIFF Cook.
(EXCEPT IN U.S. PLAINTIFF CASES)

DEFENDANTS (

Loyola Uni

06

versi

ie Judicial Conference of the United States in September 1974, is required for the t
"INSTRUCTIONS ON THE REVERSE OF THE FORM.)

Cl RID

JUDGE GRADY

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT

aba NOTE: IN LAND CONDEMNATION CASES, USE THE” QEATIONS 7
TRACT OF LAND INVOLVED, Ses
Ae an
(€) attonNeys (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) vate ATTORNEYS (IF KNOWN) Be, e
James X. Bormes costae can
: Nps Ci
Law Office of James X. BormesTMTM SITES BOR ro)
4 £54 BO a
8 South Michigan, Ste 2600 MAGISTRATE FODC2, ROS S,

Chicago, IL 60603 312-201-087"

Ul. BASIS OF JURISDICTION (PLACE AN “X" IN ONE BOX ONLY)

‘3 Federal Question

D1 US. Government
Plaintiff (U.S. Government Not a Party)

Diversity Cases Only)

TF DEF
Citizen of This State q OY

i, CITIZENSHIP OF PRINCIPAL PARTIES (Puce AN-x"IN ONE 80x FOR PLAIN

‘AND ONE BOX FOR DEFENDANT)

Incorporated or Princ’
of Business In This

PTF
Place o4

5

D2 US. Goverment 04 Diversity . Citizen of Another State G2 2 Incorporated and Principal Place 05 0:
Defendant (indicate Citizenship of Parties of Business In Another State
Item, se . 5 "
n ) > | Cttzen or Subject of aos O83 Foreign Nation oe a
as “Foreign Country .
IV. ORIGIN (PLACE AN “X" IN ONE BOX ONLY) Appeal to Dist
- Transterred from a Judge trom
4 Original C2 Removed from gs Remanded from 4 Reiriétated or Osanother district 3 6 Multidistrict 07 Magistrate
Proceeding State Court Appellate Court Reopened (specify) Litigation Judgment
V. NATURE OF SUIT (PLACE AN “X" IN ONE BOX ONLY)
CONTRACT TORTS FORFEITURE/PENALTY| _ BANKRUPTCY OTHER STATUTES
D110 Insurance PERSONAL INJURY PERSONAL INJUI 1 810 Agriculture 10 422 Appeal 28 USC 158 | L400 State Reapportionment
120 Marine 0 310 Alrpiane B 362 Persona! Injury ) 620 Other Food & Drug 410 Anthrust
D190 Miller Act D345 Alrpiane Product’ Med. Malpractice ._ CO 625 Drug Related Selzure CD 423 Withdrawal Cl 430 Banks and Banking
1D 140 Negotlabie instrument Uabilty 1965 Personal nu === 61 Property 21 USC 881 28 USC 187 450 CommerceACC Rates/ete.
D 150 Recovery of Overs rent D320 Assault, Libel & *roduct D 830 Liquor Laws © 460 Deportation
SEvcrcoment of Judgment Slander 386 Asbestos Pe 5 40 RA a Truck PROPERTY RIGHTS | 5 470 facketoor intvencod and
1D 181 Medicare Act 0 390 Federat Employers" Injury Product STs 1D 650 Airline Regs. 820 Copyrights ‘Comupt Organizations
1D 162 Recovery of Deteuted ability 1D 680 Occupational 1D 820 Copyrig C810 Selective Service
Student bo 1D 940 Marine PERSONAL PROPERTY. Satety/reatn OeaD ademark 1 450 Securkies/Commoduios/
{Beet Veterans) 1945 Maze Product 1870 Omer Fraud... | © 890 Other © 840 Trademan Exchange,
D153 Re ‘of Overpayment 374 Truth In Lendir O 875 Cust fol
oteterans Benains, 1D 850 Motor Venicle 13300 Gtr Poona LABOR SOGIAL SECURITY Tuse sao

D160 Stockholders’ Suits 1D 855 Motor Venicle Property Damage~*

© 899 Agricuttural Acts

1D 190 oiner Contract Product Liability 10 985 Property Damage ~ | (0 710 Fair Labor Standards | 1 861 HIA (1996 1G 882 Economic Stabilization Act
D198 Contract Product Liability | 1) 860 Other Personal Injuiy Product Laity, Act © 862 Black Lung (929) © 899 Environmental Maners.

1 720 Labor/Mgmt, Relations | © 869 DIWC/DIWW (405(9)}| & gpa Energy Allocation Act

REAL PROPERTY CIVILRIGHTS __ [PRISONER PETITIONS| 1B 864 ssip Tile xvi Bites rege ale

1 780 Labor/Mgmt. Reponing | O 865 ASI (405(g)) taformatton Act
1D 210 Land Condemnation 1D 441 Voting 5 610 Motentovacets & Disclosure Act 101900 Appeal of Fee Determinati
cE Feu Eleciment 5 aaa Four omens, ‘Compu: ..| © 740 Rallway Labor Act FEDERAL TAX SUITS! Under Equal Access to Just
Dy 240 Torts to Land Accommodations D 530 Genera D850 Constttutionallty ot

1 636 Dean 3 790 Other Labor Litigation State Statutes
1D 248 Ton Product Liability 0 444 Wettare Dee ueoserus Ser 1670 Tax0s (U.S. Piaintit | 460 Sinor Statutory Aetions
D 290 All Other Real Property $dio Other Civil Rights 550 CvIRohts “~~ | 0 79% Empl. Ret. Inc. 871 aa ey
885 Prison Condtiot” Soculty Act 0674 RS spear
VI. CAUSE OF ACTION  (ciTE THE US. CIvIL STATUTE UNDER WHICH YOU ARE FILNG AND WRITE BRIEF STATEMENT OF CAUSE.
DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
American with Disabilities Act 42 U.S.C. 1201
naianant: is Vicngees ttetitds wi soak ae

DEMAND CHECK YES only if deman in complairy

Vil. REQUESTED IN = cHeok iF THIS ISA CiASs ACTION. ° $ ¥ P
COMPLAINT © UNDER FRCP 2 sa emma Ly,bT JURY DEMAND: were
, v

VIII. This case is not a refiling of a previously dismissed action.

(71 isa refiling of case number__<) ::SiQiill “previously dismissed byJudge

oe 1/90/00

“Ch .TTORNEY OF on | a=

UNITED STATES DISTRICT COURT

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17. Loyola’s refusal to allow Plaintiff to work part time and then assigning her to
a new and even more stressful task for which it did not properly train her demonstrated a

callous disregard of her rights.

18. Asa direct and proximate result of Loyola’s discriminatory conduct, Plaintiff

suffered a loss of professional standing, emotional pain and suffering. Lost wages and
employee benefits, including tuition reltibursement for her college age son, and she will
continue to lose wages and benefits in the future.

WHEREFORE, Plaintiff Denise Alletto prays for entry of an order of judgment
against Defendant Loyola University Medical Center as follows:

(a) Trial by jury on the charges raised in this Complaint and those filed with the
EEOC;

are unlawful and violate the ADA;

(c) Permanently enjoining Loyola University Medical Center, its agents,
successors, officers, director’s employees and attorneys from engaging in
each of the unlawful practices, policies, customs and usages set forth herein
and from continuing any and all other practices shown to be in violation of
applicable law;

(d) Reactivating Plaintiff in her position with Loyola University Medical Center
at her full salary, adjusted for wage increases since that time, or in the
alternative awarding Plaintiff front pay;

(e) That Plaintiff be awarded ack wages and benefits, with pre and post
judgment interest, actual, Compensatory and punitive damages and any other
damages to which Plaintiff might be entitled; liquidated damages for future
pecuniary losses, emotional pain and suffering, inconvenience, mental
anguish, loss of future business opportunities and other non pecuniary losses
due and owing to her;

(f) Award Plaintiff the costs and disbursements of this action, including
reasonable attorney’s fees;

(g) Such equitable relief as this court deems equitable and just


DEC-22-1999 15:99 ; P.@2

2 oe
VAN the Psych ..
WS \ Associates

December 20, 1999

Chad Herringer
LOYOLA HOSPITAL Fax#708-216-6112

RE: DENISE ALLETTO

Denise Alletto is a patient under my care,

Denise called me today and reported that she is experiencing sereve job
related stress and anxiety,

At this point in time, it is necessary to reduce stress in order to
Prevent a possible manic episode.

Please reduce Denise's work load to 502 and continue that work load for
2-3 weeks. I anticipate that she Will be able to resume a normal work
load after that, —

If you have any questions, please do not hesitate to contact me.

(ht, lO

Elizabeth x. Arts., Pay.B,
Clinical Psychologist

ERA/kin

Sincerely,

EXHIBIT A
SUITE 107 @ 950 N. YORK RO @ HINSDALE, IL 60521 @ 690-986-5403

SUITE 105 @ 600 S. WASHINGTON ST. @ NAPERVILLE, IL 60540 @ 630-355-3350

TIT 5D Rs



SY

Vv.

O

LOYOLA UNIVERSITY MED’ [CAL CENTER ADY
“JUDGE GR
APPEARANCES ARE HEREBY FILED By THEDNBERsiaNeD AS ATTORNEY(S) FOR:

DENISE Alletto

: MAGISTRATE JUDGE ROSEMUND

— : :
SKNA 7X ‘SIGNATURE
—— tb Lh. t [E—
V NAME
Jdmes X. Bormes
FIRM : FRM
AW OFFICE OF JAMES xX. RORMES € ad
‘STREET ADRESS: | STREET ADDRESS = wn
8 South Michigan Avenue Ste. 2600
CIYISTATEZZIP CIV/STATEDP
. 2 oom
THERE Ronee 5-6-0 "~~ [TELEPHONE NUMBER
312-201-0575 Sa
WENTIFICATION NUMBER SEE TTEMS ON PEVERSE} | WERTIFATION NUMBER (SEE TEM 4 ON REVERSEY
06202568 ya
WEMGER OF TRIAL BART ves nO Ey MEMBER OF TRIAL BAR? ves Fy an]
TRAL ATTORNEY? ves NO ol a | THAT ATTORNEY? YES NO
= Tilda Oo Qa
~sessiaanat” “I DESIGNATED AS LOCAL COUNSEL? YES FJ NOT]
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© ©)
‘SIGNATURE ‘SIGNATURE
NAME | NAME
Fira Fina
STREET ADDRESS ‘STREET ADORESS .
GIYSTATEZZIP | orearear
TELEPHONE NUMBER TELEPHONE NUMBER ~ f.
IOENTIFICAT NUMBER (SEI :M 4 ON REVERS! TOENTIFICA TON NUMBER Gee EM 4 ON REVERSE) -
WEMBER OF TRAL BAR? Yes Fy NOL] | MeRen OF TAAL Ear ES Fj ww
THAL ATTORNEY? YES Fj OT TRAL ATTORNEY? ve ora]
DESIGNATED AS LOCAL COUNSEL? VES] A DESIGNATED AS LOCAL COUNSEL? YS Ty wr

PLEASE COMPLETE IN ACCORDANCE WiTH INSTRUCTIONS ON REVERSE.

po


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

O0C 73is

No. nie

Hine GRADY Va NOV 2 4 2a

SEMOND

DENISE ALLETTO,

Plaintiff,
vy.

LOYOLA UNIVERSITY MEDICAL CENTER,

were vere ee

Defendant.

“MAGISTRATE JUDGE RO!
“COMPLAINT

2
Plaintiff Denise Alletto, by her attorney, James X. Bormes, complains against*

Defendant Loyola University Medical Center as follows

JURIS ICTION and VENUE

1. This action arises under and jurisdiction is founded on the American with
Disabilities Act (the “ADA”), 42 U.S.C. §12101, and 28 U.S.C. § §1331 and 1343(a)(3).
Remedial measures are provided in-conjunction with 42 U.S.C. §2000 et seq.

2. Plaintiff is a female, a citizen of the United States of America, and the state of
Illinois, Plaintiff is entitled to all rights, privileges and immunities guaranteed to all
citizens of the United States of America under the Constitution and Laws of the United
States.

3. Loyola University Medical Center (“Loyola”) is an employer within the
meaning of the ADA and it has in excess of 300 employees. Loyola is qualified to do

business within the State of Illinois... \


» . COOK COUNTY PENSLON dicovsy16u UO/E4 "UU W054) WW.e72) “Es U9
Na oie aad wo)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Chicago District Office 500 West Madison St., Suite 2800
Chicago, TL 60661
PH: (312) 333-2713
TDD: (312) 353-2421
ENFORCEMENT FAX: (312) 886-1168
LEGAL PAX: (312) 353-8555

Denise M. Alletto
840 South 8”
LaGrange, IL 60525

Re: EEOC Charge No. 210402356 .
Denise M. Alletto vy. Loyola Univ

ity. Medical Center
Dear Ms. Alletto:

This letter is to advise you that your charge has been dismissed and you have been issued a
Notice of right to sue. The enclosed document entitled "Dismissal and Notice of Rights"
explains that, should you wish to pursue the matter in court, you must file suit within 90 days.

It is our judgement that the evidence gathered to date is unlikely to establish a violation of the
Statutes we enforce. Further, this evidence, given our limited resources, does not warrant a
continued investigation.

Information sheets are enclosed which describe how you can obtain a copy of your EEOC file
and how you can file a lawsuit, should you wish to pursue your claim in court, If you have
questions or concerns, you can reach me in writing at the address above, or by phone at (312)
353-0897,

Sincerely,

a/ Qooe Anne Hsu Sa,

Investigator

EXHIBIT’ B


VU a Nw)

4. All acts of unlawful employment practices occurred in this district. Venue is
based on 28 U.S.C. § 1391.

_FACTS

5. Plaintiff has had bipolar disease since 1975. Plaintiff has been hospitalized
because of bipolar disease and her doctors have prescribed various medications to treat
and control her disease.

6. Loyola hired Plaintiff on or about March 25, 1996 as a full time collection
representative. Plaintiff informed Loyola’s Out Patient Health Services Department, her
department manager and her immediate supervisor when she was hired that she suffered
from bipolar disease which required her to be medicated.

7. From March 25, 1996 to at least December of 1999, Plaintiff performed her
duties to the satisfaction of Loyola.

8. Plaintiff's treating doctor, Elizabeth K. Arts who is a clinical psychologist,
wrote a letter dated December 20, 1999 to Loyola where she recommended that in order
to avoid a severe manic episode Loyola should reduce Plaintiff's workload 50% for two
to three weeks. (A copy of the December 20, 1999 letter is attached as Exhibit A.) That
request for accommodation was not unreasonable particularly since the period where
Plaintiff would be working a reduced schedule would have been during the Christmas
and New Year’s holidays.

9. Loyola did not grant the accommodation Dr. Arts requested on behalf of
Plaintiff. Instead, Plaintiff's manager, Chad Herringer, pressured Plaintiff not to pursue
the accommodation her doctor recommended. Instead, despite the fact that Loyola knew

that Plaintiff was suffering from what her doctor described as “severe job related stress


and anxiety” Loyola assigned Plaintiff to a new project which was significantly more
stressful than her prior duties. Moreover, Loyola failed to adequately train Plaintiff for
the new project.

10. Effective February 23, 2000, Loyola terminated Plaintiff on the grounds that
Plaintiff failed to properly perform her duties with respect to the new project to which she
had been assigned.

11, In March of 1999, Plaintiff filed a charge with the Equal Employment

Opportunity Commission (the “EEOC”) alleging Loyola discriminated against her

because she suffers from bipolar diséas

12. The EEOC issued Plaintiff'a Right to sue letter which plaintiff received on or
about August 23, 1999. (A copy of the Right to Sue Letter is attached as Exhibit B.)
standing to file this civil action against Loyola.

14. Plaintiff is a qualified individual with a permanent mental disability.

15. The ADA prohibits discrimination in employment because of an employee’s
disability.

16, Loyola discriminated against Plaintiff because of her disability because even
though Plaintiff informed Loyola she was disabled but able to perform the essential
function of her job provided she be allowed to work part time for a two to three week
period and Loyola not only refused that request but it assigned Plaintiff to a new and even

more stressful project and then Loyola did not adequately train Plaintiff.