A former employee has taken legal action against a local business, alleging severe workplace discrimination and harassment. Ryan Fitzsimmons filed a complaint on November 15, 2024, in the United States District Court for the Northern District of Illinois against Sherwood Oaks, Inc., doing business as Sherwood Oaks Waffle Cafe. The lawsuit accuses the cafe of violating Title VII of the Civil Rights Act of 1964 by discriminating against Fitzsimmons based on his sex and sexual orientation.
According to the complaint, Fitzsimmons began working as a server at Sherwood Oaks Waffle Cafe in June 2024. He claims that from early in his employment, he was subjected to discrimination and harassment due to his sexual orientation. The complaint details how kitchen staff would regularly make derogatory comments towards him, using offensive slurs such as "faggot" and "bitch," which were deeply distressing for Fitzsimmons. Despite reporting these incidents to Karla Escalante, the owner and his direct supervisor, no action was taken to address or stop the harassment.
Fitzsimmons alleges that this hostile work environment led to his constructive discharge on August 31, 2024. He asserts that he met or exceeded performance expectations throughout his employment but was forced to leave due to unbearable conditions. The lawsuit further claims that similarly situated employees outside of Fitzsimmons' protected class did not face the same treatment.
The plaintiff is seeking various forms of relief from the court. These include back pay and benefits, compensatory damages for emotional distress, punitive damages, and injunctive relief to prevent future occurrences of such discrimination at Sherwood Oaks Waffle Cafe. Additionally, Fitzsimmons requests reasonable attorney’s fees and costs associated with bringing this lawsuit.
Representing Ryan Fitzsimmons is Nathan C. Volheim from Sulaiman Law Group Ltd., while no attorneys for Sherwood Oaks have been named yet in this filing. The case is presided over by an unnamed judge under Case ID: 1:24-cv-11748.