A sergeant in the Village of Westchester Police Department has filed a lawsuit alleging multiple counts of discrimination and retaliation by her employer. Kristina Tountas, through her attorneys at Caffarelli & Associates Ltd., filed the complaint on June 21, 2024, in the United States District Court for the Northern District of Illinois against the Village of Westchester.
Tountas's complaint includes allegations of unlawful pregnancy discrimination, disability discrimination, and failure to accommodate under several laws including the Illinois Human Rights Act (IHRA), Americans with Disabilities Act (ADA), Pregnancy Workers Fairness Act (PWFA), and Title VII of the Civil Rights Act. The lawsuit details how Tountas faced hostility and discriminatory behavior from her colleagues after reporting a sexually and racially hostile work environment. According to the complaint, "there is one officer in the Village who mocks individuals who use pronouns other than those assigned at birth," among other inappropriate behaviors.
The plaintiff further alleges that her requests for light duty accommodations during her in vitro fertilization (IVF) treatments were either ignored or denied. Despite submitting medical documentation supporting her need for light duty due to swelling and risk of hemorrhaging post-IVF injections, Tountas claims she was placed on disability leave against her wishes. "Defendant did not permit Plaintiff to work in January, February, and part of March 2023," states the complaint.
Additionally, Tountas contends that while other employees received light duty assignments for non-pregnancy-related conditions, she was repeatedly denied similar accommodations. This discrepancy led her to file charges with both the Illinois Department of Human Rights (IDHR) and U.S. Equal Employment Opportunity Commission (EEOC). Both agencies dismissed her complaints earlier this year, paving the way for this federal lawsuit.
In terms of relief sought, Tountas is asking for a declaration that the Village's actions constitute unlawful discrimination under various statutes. She seeks actual monetary damages incurred due to lost wages and emotional distress, compensatory damages as allowed under each law cited, litigation expenses including attorneys' fees and costs, pre- and post-judgment interest where applicable by law, and any further relief deemed just and equitable by the court.
Representing Tountas are Alexis D. Martin (#6309619) and Amanda Burns (#6332506) from Caffarelli & Associates Ltd., while no specific defense counsel is mentioned in this initial filing. The case will be heard before judges yet to be assigned under Case ID: 1:24-cv-05176.