Illinois Tollway Slapped With Race Discrimination Suit

A Sauk Village woman is suing the Illinois Tollway Highway Authority on grounds she was fired because of her race and a false workplace-related arrest in violation of the federal Civil Rights Act of 1964 and the Illinois Human Rights Act.

Marsha Pickens, who is African American, originally filed her complaint in Cook County Circuit Court in August. The case has since been transferred to DuPage County Circuit Court at the request of the Downers Grove-based tollway authority in October. She is requesting a jury trial.

According to the complaint, Pickens was employed by the Illinois Tollway as a senior accountant. On June 25, 2013, Pickens filed a discrimination charge with the Illinois Department of Human Rights and the U.S. Equal Employment Opportunity Commission.

In May 2014, the IDHR issued its investigation report and notified Pickens of her right to file a civil action within 90 days of notificaiton, the complaint said.

The lawsuit maintains that throughout Pickens’ employment for the Illinois Tollway, her non-black supervisors treated her worse than other similarly situated, non-black employees. Pickens alleges that her supervisors issued performance reviews stating she needed improvement in certain areas, when non-black employees in similar roles received better performance reviews despite performing similarly to the plaintiff in the same area.

The plaintiff says that on March 12, 2013, she was falsely accused of pushing a co-worker. The co-worker signed a criminal complaint against Pickens, who was arrested and charged with battery.

Several days after the incident, on March 18, 2013, Pickens says that her white supervisors suspended her pending an internal investigation into the co-worker’s complaint. The lawsuit claims that the Illinois Tollway did not conduct nor participate in the investigation in good faith, and that she was ultimately fired. The reasons given for her termination were not the “true reasons.”

The battery charge against Pickens was eventually dropped on Dec. 20, 2013. The charge was also expunged off her record, according to the complaint.

Nevertheless, Pickens claims she was suspended and discharged by the tollway because of her race and the arrest. As a result of the tollway’s actions, Pickens’ attorneys maintain that she has suffered mental anguish and damage to her reputation.

Her attorneys maintain that based on the IDHR investigative report into Pickens’ discrimination claim, the tollway disproportionately suspended black employees. Between 2011 and up until the time of Pickens’ suspension, more than 45 percent of the individuals suspended by the Illinois Tollway were black.

African Americans also make up only 18 percent of the tollway’s workforce, the complaint said.

The Illinois Tollway has denied the discrimination allegations, stating in its response to Pickens’ lawsuit, that the state highway authority acted in good faith and without malice. The agency also said that her termination was warranted based upon her “violation of established tollway practices.”

Pickens is asking for back pay and damages in excess of $50,000. Her attorneys says she is also entitled to reinstatement to her job.

The next court hearing is scheduled for Jan. 20, 2015 in DuPage County Circuit Court in Wheaton.

Chicago attorney Jonathan Goldman of Goldman and Ehrlich is representing the case.