Allegations of workplace discrimination and retaliation have been brought against a local public school district after a former employee claimed she was subjected to unfair treatment based on her race and national origin. The complaint was filed by Lizbeth Magana Gutierrez in the United States District Court for the Northern District of Illinois on March 5, 2026, naming Marquardt School District 15 as the defendant.
According to court documents, Gutierrez worked as a paraprofessional for Marquardt School District 15 from approximately March 2023 until her termination on or about November 11, 2025. The lawsuit states that Gutierrez is Mexican and Hispanic, placing her within protected classes under federal civil rights laws. She alleges that throughout her employment she met or exceeded performance expectations but was nonetheless subjected to different terms and conditions compared to employees outside her protected class.
The complaint highlights several incidents involving Principal Melissa Rosa, who is described as having engaged in a pattern of discriminatory conduct toward Gutierrez. Among the alleged actions were calling Gutierrez on sick days without legitimate work reasons, dismissing safety concerns raised by Gutierrez regarding bus flaggers, excessively monitoring her movements at work, and ignoring her greetings. These behaviors are described as creating “a hostile work environment” that conveyed “clear animus toward Plaintiff.”
Specific remarks cited in the filing include an incident on September 11, 2025, when Principal Rosa allegedly entered the break room while Gutierrez was eating lunch and asked: “Why aren’t you eating tacos?” referencing Gutierrez’s Mexican heritage. Rosa is also reported to have said: “So where’s the best Puerto Rican restaurant, since you know everything?” According to the complaint, these comments were “humiliating, offensive, and based on stereotypes tied to Plaintiff’s ethnicity and national origin.” Another incident during an October mediation meeting included Rosa reportedly saying about Gutierrez’s son: “Oh, so he’s acting very white,” after learning he studied marketing at university. During this same meeting, Rosa allegedly insulted Gutierrez in Spanish with the phrase “tienes el pecho lleno de piedritas,” which translates to “your chest is full of rocks.” The complaint states these remarks were made in a demeaning manner.
Gutierrez claims she reported these incidents to Human Resources representative Dr. Robel Pollack on October 15, 2025. Dr. Pollack reportedly assured her that an investigation would be conducted into her allegations of discrimination and harassment. However, following this report, Gutierrez alleges that Principal Rosa intensified surveillance of her activities at work in what she describes as retaliation for engaging in protected activity.
The complaint further details subsequent meetings with HR representatives where Gutierrez says she was pressured to discuss complaints involving both another paraprofessional and Principal Rosa herself with Rosa present—a situation she found uncomfortable given that one of her complaints involved Rosa directly. When Gutierrez attempted to leave such a meeting rather than answer questions about her complaints in front of Rosa, she claims she was told by Rosa—after placing Dr. Pollack on speakerphone—that refusal would result in termination.
Gutierrez states that after this meeting she was escorted out of the building and later received written notice that her termination would be presented to—and subsequently approved by—the Board of Education on November 11, 2025.
The lawsuit brings six counts against Marquardt School District 15: violation of Section 1981 (race- and national origin-based discrimination), Title VII race-based discrimination; Title VII race-based harassment; Title VII national origin-based discrimination; Title VII national origin-based harassment; and Title VII retaliation for opposing unlawful conduct.
Gutierrez asserts that other similarly situated employees outside her protected class were not subjected to similar scrutiny or adverse actions. She seeks remedies including back pay with interest, front pay, loss of benefits compensation for mental anguish and distress (both compensatory and punitive damages), attorneys’ fees and costs, pre-judgment interest if applicable, as well as any other relief deemed appropriate by the court.
Attorneys Yasmeen Elagha and Mohammed O. Badwan of Atlas Law Center Ltd., located in Lombard, Illinois represent Lizbeth Magana Gutierrez in this matter under case number 1:26-cv-02496.
Source: 126cv02496_Lizbeth_Magana_v_Marqueardt_School_Complaint_Northern_District_of_Illinois.pdf
