In fending off a former employee's workplace discrimination claim in Madison County Circuit Court, Dollar General argues that the plaintiff's lawsuit was improperly filed and belongs in arbitration.
Plaintiff Michelle Marshall claims she was wrongfully fired from a store in Collinsville in April 2018 after being accused of selling cigarettes without checking a customer's ID. The man was in his 60s, according to Marshall.
Represented by John H. Leskera of the Leskera Law Firm in Collinsville, Marshall says she suffers from serious problems with her eyes, specifically progressive retinitis pigmentosa, which means she has little peripheral or night vision, and has difficulties identifying colors.
She alleges violation of the Illinois Human Rights Act, which bars employers from discriminating against someone with a disability if they otherwise fulfill the responsibilities of the job.
Last month, Dollar General counsel Chen Ni of McGuire Woods in Chicago filed a brief in support of a renewed motion to compel arbitration.
"Plaintiff Michelle Marshall continues to assert that her Arbitration Agreement with Defendant DG Retail LLC is not a valid or enforceale contract, but she glosses over the abundant record of evidence establishing that: (1) she signed the Arbitration Agreement on June 21, 2017, two days before her first day at work; (2) she had both a 'reasonable opportunity' and the physical ability to review the Arbitration Agreement before signing it," Ni wrote.
"Under well-established Illinois law, Plaintiff cannot be excused from her contractual obligations merely because she neglected her 'duty to learn, or know,' the contents of a written contract before she signs it."
On April 12, Dollar General filed a motion for a protective order and an order authorizing a third party subpoena to Charter Communications.
Dollar General claims it has submitted undisputed evidence that Marshall's arbitration agreement was signed electronically from an IP address belonging to Charter, and that it is the only IP address at issue in the case. It says there is no need to subpoena Charter or any other internet service provider for any IP addresses assigned to Marshall or Dollar General on June 21, 2017, or any other date.
"Such a subpoena would be wholly unnecessary since the Court has already authorized a subpoena for the specific IP address at issue in this case," Ni wrote.
"Unneccesarily revealing sensitive information about Dollar General's computer and internet networks could potentially (and unneccesarily) expose Dollar General to cyberattacks from hackers and international cybercriminals who frequently target large U.S. companies and entities for nefarious purposes."
Circuit Judge Dennis Ruth presides. The case is set before him at 9 a.m. on April 30.
Former store manager Darnell Young is a co-defendant in the legal action.
Marshall claims that when Young was appointed store manager, she made him aware of difficulties she had with the screen on the register. She alleges she asked for a screen magnifier but her request was declined. She also alleges she was unable to use a ladder to access products.
The suit states that a short time after Young was appointed store manager, Marshall's hours were cut to four per week.
Marshall first complained to the Illinois Department of Human Rights, which granted her the right to sue.
Madison County Circuit Court Case number 2019-L-1376