A gay Latino janitor has filed suit against Cicero School District 99, claiming he was subjected to years of sexual harassment from supervisors and other coworkers in Cicero's schools because he was gay.
Albert Rubio, who has worked for the Cicero school district since June 2008, filed the lawsuit on Oct. 4 in Chicago federal court.
Before filing suit, Rubio had also filed a complaint against the district with the federal Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights, alleging employment discrimination based on sex and sexual harassment. The EEOC notified Rubio of his right to sue.
The subsequent lawsuit accuses the district of violating the Civil Rights Act, which prohibits sexual orientation discrimination.
Although the document does not specify how much Rubio hopes to gain, he’s seeking compensation for lost wages, past and future, as well as benefits, with interest. Rubio is further seeking unspecified punitive damages from the district, saying he was targeted for years. He is also seeking compensatory damages for emotional pain and suffering, asserting he suffered a nervous breakdown in February, according to the lawsuit.
District 99 Superintendent Aldo Calderin declined comment on the case, citing pending litigation.
But in an email response, Calderin added: “However, the district always strives to ensure all its employees work in a safe, respectful, and professional environment. We will continue to work together with our talented employees to provide our students with the highest quality learning opportunities, programs, resources, and education.”
Calderin is not named as a defendant or the source of any alleged harassment.
Rather, Rubio asserted other supervisors targeted him for years and that district officials allegedly did nothing to stop it. Rubio’s suit asserts several supervisors subjected Rubio to frequent ridicule, which the lawsuit said happened despite a clean employment record and even promotion to permanent custodian. According to the lawsuit, he was sexually harassed by one supervisor almost daily, which involved alleged physical contact, which proved “incredibly offensive.”
The lawsuit goes on to say that abuse started early in his career and then intensified in 2020 when other employees and supervisors allegedly joined the harassment.
“This constant and severe sexual harassment and discrimination by people with supervisory authority over Plaintiff made Plaintiff feel helpless, degraded and worthless,” the lawsuit said.
At one point, Rubio claims his car was vandalized in the school parking lot and pasted with a degrading sticker.
Ultimately, a supervisor allegedly requested Rubio's transfer because he is gay, the lawsuit said.
According to the lawsuit, financial needs forced Rubio to return to work despite suffering a nervous breakdown and being admitted to the hospital in February. The janitor also said he suffers severe anxiety attacks as well as depression and is scared to be alone because of treatment on the job. The lawsuit maintains that his employer is liable since the alleged abuse came from those with supervisory authority.
Rubio is represented in the case by attorney Alexander Taylor, of the Sulaiman Law Group, of Lombard.