Legal Advocacy Fund Cases
Whittaker v. Northern Illinois University, et al.
Case adopted 2/01
Case History
Susan Whittaker, former building service worker at Northern Illinois University, sued the institution for sexual harassment and retaliation for complaining about sex discrimination in violation of Title VII and Illinois state laws. The complaint also alleges other violations of Illinois state laws.
Northern Illinois University hired Whittaker in 1988 as a building service worker. During her six-month probationary period, Whittaker worked under numerous foremen, all male, as she was transferred to different areas of the campus. Within the first few weeks of starting her position, she was harshly reminded that she was "taking a man's job." As one of the only female staff members, Whittaker was regularly tasked with folding laundry because her supervisor felt that this was "women's work." The harassment was persistent. She recalls seeing pornographic magazines in the break room and suffering from sexual comments made by colleagues about her appearance. In addition, several of her supervisors made unwelcome sexual advances.
Despite the harassment, Whittaker was continuously assigned to work under two men whose advances she had refused and about whom she had complained to union authorities and university administrators. After filing complaints of sexual harassment with the university, Whittaker was subjected to discipline for conduct for which similarly situated male employees would not be disciplined. For instance, she was subjected to increased surveillance and more onerous duties than her male counterparts. Whittaker was also subjected to unwelcome sexually derogative terms such as "lesbian" and "bitch," all of which she reported to university officials to no avail.
Only after complaining of the harassment did Whittaker's job evaluations turn negative. She was written up as not getting along with others and resisting changes in her assignments, despite contrary comments by other crew members and faculty about her positive attributes and cheery demeanor. The hostile environment took its toll on Whittaker, and in spring 1999 she began a leave of absence. A few months later, she learned that her position had gone "up for bid" without any notice to her.
Whittaker filed her complaint in 2000 in Illinois state court. In 2001 defendants removed the suit to federal court. In September 2004, the district court granted the defendants' motion for summary judgment on all counts, dismissing with prejudice the case in its entirety. Whittaker appealed. On Sept. 21, 2005, the U.S. Court of Appeals for the 7th Circuit upheld the lower court's decision to grant the university's motion for summary judgment.
Whittaker filed a petition for writ of certiorari with the U.S. Supreme Court in February 2006.
Key Case Issues
Sexual harassment and retaliation for complaining about sex discrimination in violation of Illinois state laws and Title VII of the Civil Rights Act of 1964.