EAST ST. LOUIS - Sis-Bro pig weaning business of New Athens moved on May 28 to dismiss a suit of the U.S. Equal Employment Opportunity Commission (EEOC) alleging hostility and constructive discharge against a worker in gender transition.
Sis-Bro counsel Scott Cruz of Chicago claims the complaint contained boilerplate labels and legal conclusions without setting forth allegations to state a plausible claim.
He states the complaint “is literally gasping for factual air.”
The complaint identified the former worker as Charging Party.
Cruz claims the commission pleaded that Charging Party began a transition but failed to plead whether Charging Party had surgery or proceeded with any aspect of her transition.
According to Cruz's response, the EEOC pleaded that Sis-Bro maintained a hostile environment in New Athens without pleading that Charging Party worked for Sis-Bro in New Athens.
Cruz states that the EEOC pleaded that Sis-Bro engaged in unlawful employment practices from 2018 to 2021 without identifying specific dates or time periods.
He states the EEOC pleaded that Sis-Bro permitted a worker to harass Charging Party without providing a name, position, or gender.
He states the EEOC pleaded that the worker made sexually explicit comments without stating what the comments were.
He states the EEOC pleaded that some of the conduct was reported to Sis-Bro but failed to allege which conduct or who witnessed it.
He states the EEOC pleaded that Sis-Bro lacked an effective reporting mechanism but failed to explain how or why Sis-Bro’s mechanism was ineffective in this case or in general.
He states the EEOC failed to show the alleged harassment in any way altered the conditions of Charging Party’s employment.
He states the EEOC made a naked assertion of constructive discharge but failed to state that Charging Party quit or resigned.
He states the EEOC failed to plead that the alleged conduct prevented Charging Party from doing any single job or responsibility.
Cruz attached a charge that Charging Party filed with the state human rights commission.
It identifies Charging Party as Rafael Figueroa also known as Natasha Figueroa of Coulterville.
Clare Schilling of New Athens and Drew Schilling of Smithton, sister and brother, own Sis-Bro.
They wean baby pigs from their mothers and convert their diet to foods they will eat as they grow up on hog farms.
Senior district Judge Phil Gilbert presides.