A Chicago federal judge has tossed a sex discrimination lawsuit by a Black female Cook County court reporter, who alleged some of her fellow Black court employees bullied her for associating with white court personnel, ruling the suit failed because the alleged harassment was not based on the court reporter's gender.
The decision was recently issued by Judge Elaine Bucklo, of U.S. District Court for the Northern District of Illinois. The ruling favored the Office of Chief Judge Timothy Evans, in an action brought in May 2018 by court reporter Regina Clemmer. The Chief Judge's Office oversees court reporters.
Clemmer has been a court transcriptionist since 1995, and has been assigned to the George N. Leighton Criminal Court Building at 26th and California in Chicago since 2006. The Leighton complex is "high volume," allowing reporters to sell a great number of transcript pages, according to Bucklo.
Clemmer, who is Black, claimed that over the years a group of "majority-Black" female court reporters and administrators, known as "the Family," bullied and harassed her, based on her gender. Clemmer claimed the mistreatment stemmed from her refusal to trade courtrooms with another reporter, and other such acts the Family allegedly deemed were uncooperative.
Clemmer alleged she was repeatedly called "bitch" and told she was too friendly with white court reporters. Clemmer also claimed Family members referred to whites as "honkeys." In addition, Clemmer alleged they would harass her by touching or pushing her, and blocking her path.
Witnesses corroborated Clemmer's allegations, according to court papers.
Clemmer sued Chief Judge Evans' office for sex discrimination, based on use of the word "bitch." She also claimed one of the women retaliated against her for having complained to superiors, by threatening to have her transferred to another, less lucrative courthouse. Clemmer grounded her suit in the U.S. Civil Rights Act.
Evans asked Bucklo to dismiss the case, which she did.
Bucklo acknowledged Clemmer was "subjected to severe harassment," but Clemmer did not show the harassment was driven by her gender, as required by the Civil Rights Act. Instead, Bucklo found the alleged bullying occurred for reasons not related to Clemmer's sex, such as when she did not trade courtrooms. Likewise, the alleged retaliation was due to Clemmer having reported the alleged bullying, not because of any sex bias against her, Bucklo concluded.
Bucklo further said the retaliation claim fell short, because Clemmer did not demonstrate the alleged hostile work environment revolved around her gender. Bucklo also said the threat to transfer Clemmer never came to pass, so there was "no effect on compensation or career prospects," leaving Clemmer unharmed.
"Threats alone generally do not produce an actionable injury," Bucklo observed.
Clemmer has been represented by Barry A. Gomberg and Luanne M. Galovich, of Barry A. Gomberg & Associates of Chicago.
Evans has been defended by attorneys from the Illinois Attorney General's Office. The chief judge's office is considered a state office.
Clemmer lodged complaints with the Office of the Chief Judge, which resulted in suspensions and transfers in December 2016 for several court reporters. Clemmer included court reporters Pam Terry and Doris Moseberry, as well as court employees Magdalena Perez and Faye Montgomery, in her suit against Evans, but all four women were dismissed in December 2018.
Court reporter Jamie Mitchell filed a federal discrimination suit in May 2019 against the Chief Judge's Office, Clemmer and nine other office employees, alleging, among other accusations, they falsely said Mitchell used racial slurs against whites at the courthouse and engaged in bullying.
Mitchell is represented by Blake Wolfe Horwitz and Jeffrey Christian Grossich, of Blake Horwitz Law Firm, of Chicago.