'Throwing Spaghetti At Wall': Hinsdale D-86 Wants Suit Tossed

HINSDALE, IL – A former teacher's aide's lawsuit against Hinsdale High School District 86 is like "throwing spaghetti at the wall to see what sticks," the district's lawyer says.

In early September, attorney Pamela Simaga stated former teacher's aide Candace Robbins did not show up for work from Aug. 10, 2020, to Nov. 17, 2020. Then, Robbins voluntarily accepted the district's offer to retire instead of being fired.

"After all that, the Plaintiff has the gall to file this lawsuit," Simaga said in a pleading.

She said the lawsuit had no basis and asked a federal court to throw it out.

In her lawsuit, Robbins, who started at the district in 1997, said she was the victim of age discrimination. She accused the district of violating the Family and Medical Leave Act. She filed the lawsuit in June.

In August 2020, the district asked teacher's aides – known formally as paraprofessionals – to return to work in person at the beginning of the school year. 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 July, Patch published a story about Robbins' lawsuit, in which she alleged the district's pandemic protocols were inadequate.

In early October, Robbins' attorney, Richard Gonzalez, maintained his client had the right to object to the district's efforts in dealing with the coronavirus.

"Indeed, it is unlikely that as a society we have faced a health and safety matter as serious as the Covid epidemic in our lifetimes," Gonzalez wrote. "There can be no doubt – despite Defendant's argument that Plaintiff cannot show that her discharge 'contravenes a clearly mandated public policy.'"

Gonzalez said safety measures endorsed by the Centers for Disease Control and Prevention constitute a "clearly mandated public policy."

In a court pleading last week, the district said it did not dispute the importance of the pandemic or safety measures for employees and students.

The district argued Robbins could not allege she was the victim of retaliation because she was never fired.

It also said Robbins needed to show that the district was motivated by her age in its actions.

"Simply stating that she believed the conditions at work to be dangerous for anyone over 65 years old does not make the District's age-blind decision to have all its classroom paraprofessionals in the school building discriminatory," Simaga wrote.

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

A trial date has not been set.