Walczak v. Chicago Bd. of Educ., No. 12-2808 (7th Cir. 2014)
Annotate this CaseWalczak, hired as a teacher in the Chicago Public School system in 1970, obtained tenure and taught continuously until her school’s new principal placed her in a performance remediation program during the 2007–2008 academic year. At the end of that year, she was facing discharge proceedings. Walczak filed a charge with the Equal Employment Opportunity Commission alleging violation of the Age Discrimination in Employment Act, 29 U.S.C. 621. While the EEOC charge was pending, a hearing officer assigned to her discharge proceeding recommended that Walczak be reinstated as a tenured teacher. The Chicago Board of Education rejected the recommendation and terminated her employment. Illinois trial and appellate courts affirmed, applying state law. After the trial court decision, Walczak received a right-to-sue letter from the EEOC and filed suit in federal court The district court dismissed the ADEA suit on the basis of preclusion. The Seventh Circuit affirmed. Walczak could have brought her ADEA claim in her state-court suit for judicial review of the Board’s decision. The Board did not acquiesce to claim-splitting.
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