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Monday, November 4, 2024

Plaintiff alleges racial discrimination and retaliation by employer

Federal Court
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A former pastry cook has filed a lawsuit against her employer, alleging racial discrimination and retaliation. Irma Rosas filed the complaint in the United States District Court for the Northern District of Illinois on September 20, 2024, against Planta River North, LLC.

Rosas, who identifies as Hispanic-Mexican or "Chicana," was hired by Planta River North, LLC on September 10, 2022. She initially worked at the pastry station creating vegan desserts but was later moved to the prep station. The incident that triggered her complaint occurred on September 28, 2022, when a conversation about measurement units escalated into Cornell Graham making racially insensitive remarks. Graham allegedly said, "[it’s like America, we speak English not Spanish. A lot of people come here and they don’t learn English" and "NO ONE CAN BE TREATED SPECIAL UNTIL MY PEOPLE ARE! Don’t you know history?" Rosas reported this to Natalia Rojas, Corporate Administrator, who advised her to speak with Executive Chef Rachael Dawson or Chef d’Partie Kelsey Knowles. Despite her attempts to address the issue with them, no action was taken.

Following her complaint about racial discrimination on September 28th, Rosas experienced immediate changes in her work conditions. Her schedule was reduced from five days a week to three days starting September 30th. On October 1st, she was reassigned from the prep station to a less desirable dumpling station located outside the only restroom for over fifty employees. When she questioned these changes during a meeting with Dawson and Restaurant Manager Diana Benanti, they provided no satisfactory answers and refused to move her back or increase her workdays despite being short-staffed.

Rosas claims that these actions constituted constructive termination as she could no longer work under such conditions. She further alleges that non-Hispanic employees did not face similar issues and that the company failed to provide any training on racial discrimination before or after the incident.

In her lawsuit, Rosas seeks compensatory damages for back wages and benefits as well as emotional distress. She also requests prospective relief or reinstatement at a different store location if possible. Additionally, she demands punitive damages and attorney’s fees.

The case is being overseen by Judges Lefkow and McShain under Case ID: 24-cv-8695.

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