America Hernandez has filed a compelling lawsuit against Peaches & Pears Restaurant, Inc., alleging national origin-based discrimination and other violations. This legal action was initiated by Hernandez on December 31, 2024, in the United States District Court for the Northern District of Illinois. The complaint accuses Peaches & Pears Restaurant of engaging in discriminatory practices based on her Mexican heritage and Hispanic race, as well as retaliatory actions following her complaints.
Hernandez's lawsuit is grounded in several federal and state laws, including Title VII of the Civil Rights Act of 1964 and Section 1981, which protect against employment discrimination based on race and national origin. She also invokes the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL), claiming that Peaches & Pears failed to pay her rightful tipped wages. Hernandez alleges that from August 12, 2024, until her termination on October 29, 2024, she faced harassment and unfair treatment at work. Her responsibilities as a server included preparing tables, attending to customers, taking orders, and handling payments. Despite fulfilling these duties effectively without any disciplinary issues, she was subjected to derogatory remarks from coworkers like Geraldo Vega and manager Beata Barbel.
The plaintiff claims she was isolated from colleagues during breaks and targeted with offensive language such as "nasty Mexicans" or "dumb Mexicans." Additionally, she noticed deductions from her tips without explanation. Hernandez reported these incidents to owner Renata Kos but alleges no action was taken to address her concerns. Instead of resolving the issues raised by Hernandez about harassment and wage discrepancies, Peaches & Pears terminated her employment shortly after she submitted a two-week notice citing unbearable working conditions.
Hernandez seeks redress through various forms of relief from the court: back pay with interest for lost wages due to unlawful termination; compensatory damages for emotional distress; punitive damages for willful misconduct by the defendant; attorney fees; liquidated damages under FLSA provisions; along with any other appropriate remedies deemed just by the court.
Representing America Hernandez is attorney Peyton M. Paschke from Sulaiman Law Group Ltd., while details about defense counsel remain undisclosed in this document. The case has been assigned Case ID: 1:24-cv-13391 but does not specify a presiding judge at this stage.