Robert Crown Recreation Manager Accused Of Retaliation

EVANSTON, IL — A former Evanston employee alleges her manager violated the Family Medical and Leave Act and retaliated against her before and after the birth of her son.

According to a federal lawsuit scheduled for a settlement conference next month, the recreation manager of the city's parks department punished an ice skating supervisor at the Robert Crown Community Center during her pregnancy.

Shannon Lamaster, 39, of Libertyville, became the skating program supervisor at Robert Crown in April 2015, according to her suit. Ann Marie Heiser, 51, of Evanston, became Lamaster's supervisor in December 2016, it said.

The following month, Lamaster told Heiser about her "high-risk" pregnancy, telling her boss she was experiencing pregnancy-related pain and complications, according to the complaint.

At the time, nearly seven months before her due date, Lamaster asked her supervisor not to tell anyone about her pregnancy. Despite the request, Heiser made comments at a January 2017 staff meeting that left Lamaster feeling "compelled to disclose her pregnancy to everyone at the meeting," the suit said.

In February 2017, Lamaster disclosed to a human resources specialist for the city that Heiser had "made" her disclose her pregnancy at a staff meeting, according to the suit. They agreed to meet to discuss paperwork required under the Family Medical and Leave Act, or FMLA, closer to the deadline of 30 days before planned leave in June 2017.

The suit alleges Heiser announced at a March 2017 staff meeting that Lamaster would be on maternity leave all summer and that staff had permission to contact her, but she was forbidden from contacting staff. The next day, Heiser told Lamaster to submit her FMLA paperwork 30 days earlier than required by the law and city policies.

Also in March 2017, when Director of Parks, Recreation and Community Service Lawrence Hemingway congratulated Lamaster on her pregnancy, Heiser "interrupted their conversation to demand again" that she submit her FMLA paperwork, the suit alleges. This time, according to the complaint, Heiser wanted the paper 90 days ahead of time.

The suit claims that Lamaster scheduled her required weekly check-ups with her obstetrician during her lunch break. It also said she had a "flex schedule" and usually worked more than the required 37.5 hours per week. On March 30, 2017, Lamaster went to one of those appointments during lunch.

"When Lamaster returned, Heiser yelled at her for over an hour, demanded that Lamaster inform her of all upcoming medical appointments, and directed her that she could not leave the building to attend the appointment without Heiser's permission," according to the suit, "even if it was during Lamaster's lunch break."

No other employees were subject to such restrictions, and Heiser had never imposed similar requirements on Lamaster before she disclosed her pregnancy, according to the suit, which claimed neither Heiser nor the city informed her of her rights to take FMLA leave for medical appointments or when she was in pain caused by pregnancy-related complications.

In April 2017, Lamaster complained to Hemingway "about Heiser's hostility toward Lamaster" since she disclosed her pregnancy and asked the parks director to file a complaint of a violation of Evanston's healthy workplace policy, according to the suit. Hemingway allegedly said he would talk to Heiser regarding the complaints.

Six days later, Heiser placed Lamaster on a "performance improvement plan," telling her she was "not working hard enough," Lamaster's lawsuit alleged. The plan required her to keep an up-to-date calendar and notify Heiser of all personal appointments, requirements she did not impose on employees who did not seek family or medical leave and who did not complain about violations.

Lamaster submitted paperwork requesting maternity leave more than a month before the June 19, 2017, anticipated due date, according to her suit. The city would later approve the request.

But on May 17, Heiser suspended Lamaster for five days, "allegedly for not requesting two days of leave the precise way Heiser prescribed, and for not complying with the Work Plan," according to the suit. Then eight months pregnant, Lamaster had just worked two straight weeks and submitted more than the required request for time off, according to the suit.

Lamaster complained about the suspension to human resources and senior staff in the parks department, according to the suit, but she wound up taking five days of unpaid leave. During the suspension, she sent a letter to Hemingway and Bob Dorneker, the city's retired assistant parks director, asserting the suspension was unfair and disclosing that Heiser had yelled at her for visiting the doctor.

In June 2017, as Lamaster's due date approached, she sent a request for someone to help her move tables for an upcoming ice skating event, according to the suit. It said Heiser declined, "which resulted in Lamaster having to push heavy tables (with Heiser watching), even though pushing tables was not part of Lamaster's supervisory duties. While pushing the tables, Lamaster's water broke and she went into labor. She delivered her baby the next day."

While Lamaster was on maternity leave in August 2017, two city staffers contacted her and asked her to work remotely, according to the complaint. One allegedly told her Heiser had directed him to make the request.

In September 2017, Lamaster asked the human resources department to review her suspension, according to the suit, but the city refused. The next month, the lawsuit alleges, Heiser forced Lamaster to come into work without advance notice while she was still on FMLA leave, which required her to bring her newborn to work.

A message requesting comment from Heiser, who still works for the city, was not returned. Recently named Deputy City Attorney Nicholas Cummings is listed as her representative. Any response received from either of them will be added here.

Lamaster's attorney, Cindy Hyndman, declined to comment.

In November 2017, Lamaster filed a charge of discrimination with the Illinois Department of Human Rights.

"Ann Marie Heiser knowing I had a high risk pregnancy and near the time to have the baby directed me to set up heavy tables," Lamaster said. "When I asked for help from maintenance, she said that they were too busy and I should move the tables. As a result, my water broke."

Following a required 180-day waiting period, the federal Equal Employment Opportunity Commission notified Lamaster she had the right to sue. The suit was filed in May 2019. Discovery deadlines were paused in December 2019, and a settlement conference in the case has been scheduled for March 7.

Read full complaint: Shannon Lamaster v City of Evanston and Ann Marie Heiser »

UPDATE: The Evanston City Council voted 7-2 on April 13 to approve a $60,000 settlement payment to Lamaster to resolve the lawsuit without admitting any wrongdoing.