Windy City Times has learned that an employee of Oak Park is suing the village, claiming it fired him after he complained about anti-gay remarks that co-workers allegedly made toward him.
The complaint, filed by Michael Aguayo and his attorney in the Cook County Circuit Court, names Oak Park as well as three village employees as defendants.
The suit claims violations of Aguayo's rights under the Illinois Human Rights Act, which prohibits discrimnation based on sexual orientation.
Aguayo was hired by the Village of Oak Park in 2001. The suit claims that after Aguayo came out at work in 2007, he was the victim of repeated sexual harassment by village employees.
David Powers, the public spokesperson for the village, told Windy City Times that Oak Park's law department was "shocked" to see the report in the Chicago Sun-Times, which originally reported the story, and that the department has yet to see a copy of the lawsuit.
"Oak Park would absolutely not tolerate any kind of discrimination or harassment based on anyone's sexual preference," Powers said, further stating that, Aguayo, a maintenance man, is still employed by the village. ( A Chicago Tribune article stated that Aguayo was reinstated after he was fired for taking time off to attend the funeral of his partner's mother. However, Aguayo was only allegedly reinstated after a meeting between union represenatives and village officials. ) According to the suit, Aguayo claims he was fired after taking time off work under the Family Medical Leave Act.
According to the lawsuit, employees made comments about Aguayo's sexual orientation such as "making false statements about sexual orientation can result in discipline including termination [ or ] come outside and settle this like men."
The suit also claims that employees called things that did not work properly or make sense as "being gay" or that they apologized for making comments about women and that Aguayo also received verbal threats.
This is not the first time Aguayo has taken action against the village. Aguayo filed a complaint June 26, 2009, with the Illinois Department of Human Rights but the charge dismissed for lack of substantial evidence.
Aside from seeking a permanent injunction against the defendents to prevent further sexual harassment against Aguayo, he is also asking for the court to grant him more than $600,000, including reimbursement for pay lost as a result of the harassment, repayment for all related medical expenses, and costs of litigation and attorneys' fees.
Village officials could not provide specifics on the complaint but emphasized Oak Park's non-discrimination policy, which includes sexual orientation.
Aguayo's attorney declined to comment.