Ex-Hinsdale D-86 Aide Sues To Get Job Back

HINSDALE, IL – A former teacher's aide for Hinsdale High School District 86 is suing to get her old job back.

In a lawsuit, Candace Robbins, who had worked for the district since 1997, said she was the victim of age discrimination. She accused the district of violating the Family and Medical Leave Act.

Robbins, who filed the lawsuit in federal court last month, parted ways with the district in November 2020.

In August 2020, the district asked teacher's aides – known formally as paraprofessionals – to return to work in person for the beginning of school. At the same time, the lawsuit said, teachers were allowed to work remotely.

Robbins said she was 69 at the time and had a legitimate fear for her personal health and safety because of the coronavirus pandemic.

In her lawsuit, Robbins said a colleague of hers died from the coronavirus after contracting it at work. She did not identify the workplace.

In early August 2020, Robbins said she requested paperwork under the Family and Medical Leave Act.

She said the district provided inadequate space to allow employees to sufficiently distance themselves. The space had poor ventilation and included construction workers who generally worked maskless, according to the lawsuit.

Robbins said she was told by the human resources department that the district wasn't following the safety guidelines from the Centers for Disease Control and Prevention.

She also said she was informed by the department that she must either work in person or retire.

Later in August, Robbins said she was told by interim human resources director Mary Dudek that she needed to provide a doctor's note that stated a reason other than age. Dudek also said most medical conditions would not be approved, the lawsuit said.

Around the same time, Robbins said her son was scheduled for surgery and that the doctor wanted her and her son to quarantine before the operation.

But Dudek said Robbins was required to work in person and that Robbins would be provided with extra personal protective equipment, the lawsuit said. Robbins said Dudek did not specify the equipment.

Robbins said she again requested Family and Medical Leave Act paperwork.

On Nov. 17, 2020, Robbins received a letter from Dudek stating the school board would consider Robbins' termination at its meeting in two days. The reasons would be insubordination and job abandonment, according to the lawsuit.

The next day, Robbins emailed Dudek that she would "involuntarily" retire effective the day of the board meeting. She said she did so because of what she considered an ultimatum in Dudek's letter a day earlier, the lawsuit said.

The board's documents listed Robbins' exit as a retirement.

In her lawsuit, Robbins asked to be reinstated and given her lost wages and benefits. She also requested liquidated damages.

Robbins is represented by Richard Gonzalez, a professor at the Chicago-Kent School of Law.

District officials did not return messages for comment Thursday. Government bodies typically do not comment on pending lawsuits.