A judge has dismissed one of two plaintiffs from a suit accusing Cook County Clerk Karen Yarbrough of laying off employees — when she was the county's Recorder — because of their political affiliations, saying the dismissed plaintiff didn't put forth enough evidence to "get out of the gate," but the other has advanced "sufficient" evidence to press her case.
The March 31 determination was delivered by Judge Edmond Chang, of U.S. District Court for the Northern District of Illinois. The ruling removed Khesi Pillows from an action brought by her and Tiffany Wilson against Yarbrough.
The case stems from when Pillows and Wilson worked at the Cook County Recorder's Office and Yarbrough was Recorder. The Recorder's Office was absorbed into the Clerk's office in December 2020. Yarbrough, a Democrat, was Recorder from 2012 to 2018, and has been Clerk since 2018.
Pillows and Wilson were system analysts with the Recorder’s office. Pillows was hired in 1999, and Wilson in 2001, documents showed. They worked under Recorder Eugene Moore, a Democrat, until Moore retired in 2012.
In December 2016, the jobs of Pillows and Wilson were eliminated. Yarbrough said there were also 15 other positions cut, all for budgetary reasons, according to the suit. However, the pair alleged they were let go because they were not politically affiliated with Yarbrough, but rather were believed linked to Moore, who was Yarbrough's rival. Pillows and Wilson claimed they were laid off, in part, because Moore was Pillows’ godfather and Moore referred to Wilson as his "daughter." Moore died in June 2016.
Pillows and Wilson sued the county, citing the 1972 federal Shakman Decree, which bars Illinois agencies from letting politics improperly control government jobs. Pillows and Wilson also argued their political associations are protected by the First Amendment.
The lawsuit by Pillows and Wilson is not the only such action filed in court accusing Yarbrough of violating federal laws and court orders in the way she has hired people to staff her office, either as Recorder or Clerk. A federal judge agreed in 2020 to appoint a so-called special master to review hiring decisions in Yarbrough's office, saying there was enough evidence to lead him to believe Yarbrough had used politics to determine who was hired, fired and promoted.
The county asked Judge Chang to throw out Pillows' and Wilson's suit. He found grounds to remove Pillows, but not Wilson.
"Pillows has not offered enough evidence to get out of the gate: she has not shown, even when the evidence is viewed in her favor, that any of the decision makers involved in her layoff even knew of her political affiliation with Moore. Pillows’ proffered evidence that Yarbrough knew of Pillows’ affiliation with Moore falls well short of admissible evidence — it is speculation," Chang wrote.
Wilson is a different kettle of fish, in Chang's view.
"There is sufficient evidence for a reasonable jury to find that Wilson’s political affiliation was a motivating factor in her layoff. There is enough circumstantial evidence to show that two of the three decision makers were aware of Wilson’s political affiliation with Moore," Chang said.
In addition, Chang pointed out county witnesses could not recall details surrounding any layoff-related meetings or the process for deciding what jobs would be proposed for elimination. Chang noted there is a "yawning gap" in the county's explanation as to why Wilson was chosen for termination.
Having addressed the motion to dismiss the case, Chang directed the parties to engage in settlement negotiations and confer on the next step. Wilson and the county are to file a report on these matters by April 20.
Pillows and Wilson have been represented by attorney Edward Fox, of Ed Fox & Associates, of Chicago.
The county has been defended by Kathleen Cunniff Ori and James Chandler, of the Cook County State's Attorney's Office.