Walczak v. Chicago Bd. of Education

Dist. Ct. did not err in dismissing on grounds of claim preclusion plaintiff’s ADEA claim, alleging that defendant terminated her from her teaching position on account of her age, where plaintiff had failed to include her ADEA claim in prior unsuccessful state court action, that challenged instant termination on grounds that it was unlawful under Ill. School Code and that defendant had violated plaintiff’s due process rights. All three requirements for claim preclusion defense had been met where there had been final judgment on merits in prior state court action, and where there was identify of parties and adverse act. Moreover, plaintiff could have included ADEA action in prior state court proceeding since, at time plaintiff initiated state court action, her ADEA claim had been pending with EEOC for more than 60 days. Also, defendant was not required to lodge preemptive objection in state court proceeding to plaintiff’s failure to include ADEA action in order to preserve its right to assert claim-preclusion defense in instant case.