1:24-cv-11843
N.D. Ill.Jun 11, 2025Background
- Jihan Omar, a Black woman with autism, PTSD, ADHD, and depression, was hired as a Project Manager by Versant Health in December 2021.
- Omar alleges she was singled out and treated differently by supervisors after disclosing her disabilities, including being removed from projects, criticized for her communication style, and denied a promised promotion.
- She experienced and reported multiple incidents of discriminatory and racially insensitive behavior by coworkers and supervisors, leading to poor performance reviews and eventually her termination on February 24, 2023, purportedly due to budget cuts.
- Omar timely filed an EEOC charge, received a Notice of Right to Sue, and brought suit alleging (1) ADA discrimination (including failure to accommodate), (2) race, sex, and national origin discrimination under Title VII, and (3) retaliation.
- Versant Health moved to dismiss Count I (to the extent it brought a failure to accommodate claim) for failure to exhaust and Count II for improperly combining multiple discrimination claims under Fed. R. Civ. P. 10(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA Failure to Accommodate Claim | Exhaustion satisfied; charge described same conduct and same individuals | Not exhausted; charges did not reasonably relate to accommodation | Failure to accommodate claim not dismissed at this stage |
| Rule 10(b) – Lumping Title VII Claims | Complaint gave fair notice, not unintelligible | Claims improperly combined, should be dismissed | Count II not dismissed; leave granted to file amended complaint |
Key Cases Cited
- Green v. Nat'l Steel Corp., Midwest Div., 197 F.3d 894 (7th Cir. 1999) (failure to accommodate claim is separate from disparate treatment under the ADA; exhaustion required)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard for plausibility on a motion to dismiss)
- Williamson v. Curran, 714 F.3d 432 (7th Cir. 2013) (court may consider documents referenced in the complaint on a motion to dismiss)
