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In Februay 2013, Elke Tober-Purze filed a complaint in federal court against the City of Evanston.  Ms. Tober-Purze began working for the City of Evanston in 2003. She was Interim First Assistant Corporation Counsel at the time she was terminated in August 2010.

The complaint, as amended, contains four counts: sex discrimination, in violation of Title VII of the Civil Rights Act (Count I); age discrimination, in violation of the Age Discrimination in Employment Act (Count II); violations of the Illinois Wage Payment and Collection Act for failure to pay vacation and sick time (Count III); and violations of IWPCA for unlawful retaliation (Count IV).

On Aug. 21, 2013, Judge John W. Darrah denied the City’s motion to dismiss Counts I, II and III, but granted it as to Count IV.  In ruling on a motion to dismiss, a court assumes that all facts alleged are true, and it determines if the complaint alleges enough facts to support the claims alleged. It does not rule on the merits of the claim.