22-year-old Female Server Awarded $180,000 for Assault by Owner of Taqueria

Type of Injury: Workplace/Employment

Type of Case: Violation of Illinois’ Gender Violence Act (740 ILCS 82/1, et seq.)

Judgment Amount: $283,048.73. $180,000 ($30,000 lost wages; $100,000 emotional distress; $50,000 punitive damages), plus $100,000 for attorneys’ fees and $3,048.73 for costs.

Jurisdiction: Circuit Court of Cook County, Illinois.

F-22 was battered by her boss (M-45), who was the owner of her workplace. The owner of the two taquerias began sexually harassing his new 22-year-old female employee almost as soon as she was hired. The harassment steadily increased and culminated when he physically attacked her, forcibly tried to kiss her, and groped her body on two separate occasions. Each time she fought back and said “No!” After the second attack the female employee was forced to quit despite being the sole breadwinner for her family at the time. She subsequently brought criminal charges and a civil lawsuit. The owner was found guilty of misdemeanor battery in 2018.

Plaintiff was awarded $180,000 ($30,000 for lost wages, $100,000 for emotional distress, and $50,000 for punitive damages).

Illinois’ Gender Violence Act (740 ILCS 82/1, et seq.) (P.A. 93-416, eff. 1-1 04) (“IGVA”) protects victims of sexual violence by creating a private cause of action for them against the perpetrators of sexual violence, with a longer statute of limitations than other laws that provide protection against acts of discrimination. In 2003, the Illinois General Assembly passed House Bill 436, which permits victims of gender violence to seek civil redress against both their attackers and those who encouraged or assisted the violence. In passing House Bill 436, the General Assembly noted that “at the essence of the gender violence Bill is that it would give not only criminal relief, which we have in the current [criminal] statute, but civil relief to people that have been harmed as a result of their particular gender.” State of Illinois 93rd General Assembly House of Representatives Transcription Debate, 26th Legislative Day, March 6, 2003. Upon its passage, House Bill 436 was titled the Gender Violence Act (“the Act”).

The IGVA provides a private cause of action for damages, injunctive relief, or other appropriate relief by any person who has been subjected to “gender-related violence” (as defined in Section 5 of the Act) against a person or persons perpetrating that gender-related violence. “For purposes of this Section, ‘perpetrating’ means either personally committing the gender-related violence or personally encouraging or assisting the act or acts of gender-related violence.” 740 ILCS 82/10. The IGVA makes clear that “gender-related violence” is a form of “sex discrimination”. 740 ILCS 82/5. Further, “gender-related violence” means the following: (1)  One or more acts of violence or physical aggression satisfying the elements of battery under the laws of Illinois that are committed, at least in part, on the basis of a person’s sex, whether or not those acts have resulted in criminal charges, prosecution, or conviction; (2)  A physical intrusion or physical invasion of a sexual nature under coercive conditions satisfying the elements of battery under the laws of Illinois, whether or not the act or acts resulted in criminal charges, prosecution, or conviction; (3)  A threat of an act described in item (1) or (2) causing a realistic apprehension that the originator of the threat will commit the act. 740 ILCS 82/5. In Illinois, under Section 5/12-3(a)(2) of the Illinois Criminal Code of 2012, a person commits the offense of “battery” when he “knowingly without legal justification by any means” “makes physical contact of an insulting or provoking nature with another person.” 720 ILCS 5/12-3.

The IGVA provides the following relief for a successful prosecution: “the court may award damages, injunctive relief, or other appropriate relief. The court may award actual damages, damages for emotional distress, or punitive damages. A judgment may also include attorney's fees and costs.” 740 ILCS 82/15.

The statute of limitations for claims premised upon the conduct described in section 5(1) and(2) of the IGVA is seven (7) years, and two years for claims premised upon the conduct described in section 5(3) of the Act. 740 ILCS 82/20. The statute specifically stays those limitations periods for persons who are minors at the time the gender-violence is perpetrated until the person reaches the age of 18. 740 ILCS 82/20. 

Injuries: Lost Wages, Emotional Distress, and Punitive Damages

F-22 was represented in this highly-contested case by Craig Sandberg with his Chicago-based co-counsel, Maria de las Nieves Bolaños from the law firm of Fish Potter Bolaños, P.C.

The above summary is specific to a particular case and is not intended as a projected outcome on any other matter.