Chicago Wins Dismissal of Discrimination Lawsuit

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An Illinois federal district court granted the city of Chicago's motion to dismiss discrimination claims brought by a Mexican American, LGBTQIA+ sign hanger under Title VII of the Civil Rights Act, the Equal Protection Clause, and Due Process, finding that he failed to exhaust administrative remedies for his Title VII claims, failed to properly allege municipal liability for his equal protection claims, brought an equal protection retaliation claim not cognizable under the 14th Amendment, and failed to establish a property interest for his due process claim, though the court allowed him to amend most claims within 30 days.

Why it matters

This case highlights the importance of properly exhausting administrative remedies before filing discrimination claims in federal court, as well as the high bar for establishing municipal liability and due process violations under the Constitution.

The details

The plaintiff, a Mexican American LGBTQIA+ sign hanger, filed claims against the city of Chicago alleging Title VII discrimination, equal protection violations, and due process violations. The court found that the plaintiff failed to properly exhaust his administrative remedies for the Title VII claims by not filing a charge with the EEOC. For the equal protection claims, the court determined the plaintiff failed to adequately allege a policy or custom of the city that led to the alleged discrimination. The court also ruled the equal protection retaliation claim was not cognizable under the 14th Amendment. Finally, the court found the plaintiff failed to establish a property interest for his due process claim.

• The lawsuit was filed in 2026.

What’s next

The court has given the plaintiff 30 days to amend most of the dismissed claims.