Winnebago Co., Ill. (ECWd) –
A seven-count federal civil rights lawsuit has been filed in the Northern District of Illinois naming Willie Borden (former employee), Debi Hoover (both in their individual capacities) and the Winnebago County Veterans Assistance Commission as defendants and alleging civil rights violation including ADA disability and race-based discrimination.
We have previously published an article referencing this VAC and its alleged treatment of employees (here).
From the Complaint:
- This action arises from Defendant Hoover’s discriminatory treatment and discipline of Toral and from the hostile work environment VACWC created and fostered against its Latino employees. VACWC reprimanded and terminated Toral for her use of Spanish, associated Toral’s Spanish language and deafness with incompetence, opposed the communication method Toral used because of her hearing disability, and minimized her complaints. Borden personally terminated Toral after those complaints and approximately ten minutes after terminating Luz
Ortiz-Rivera, the other Latina, Spanish-speaking employee whose use of Spanish in the workplace had drawn management objections. VACWC, through its management and decisionmakers, failed to accommodate Toral’s hearing disability and retaliated against her after she complained about race, national-origin, and disability discrimination. - Hoover intentionally treated Toral adversely because of Toral’s Mexican and Latina ethnicity and national-origin characteristics, including her use of Spanish and Spanish accent. Hoover objected to Toral’s Spanish-language communications, associated Spanish with Toral’s alleged inability to understand her work, minimized Toral’s complaints, and personally issued the December 2025 discipline.
- Hoover personally participated in the discriminatory treatment by objecting to Toral’s Spanish-language communications, treating Toral’s need for communication assistance as incompetence, linking Toral’s alleged performance deficiencies to Spanish being her first language or to her deafness, and later disciplining Toral.
- Borden personally made the decision to terminate Toral on January 29, 2026.
Borden did so after Toral had complained of discrimination and approximately ten minutes after
Borden terminated Ortiz-Rivera, another Latina, Spanish-speaking employee whose Spanish
language communications had drawn management objections. - In addition, from July 2024 through Toral’s termination, VACWC management repeatedly objected to Latina employees speaking Spanish in the office and treated that use of Spanish as incompetence and misconduct. VACWC leadership, including Superintendent Hotchkiss, Board President Erick Willard, and Board Vice President Nancy Clark, received Toral’s complaints about that treatment, and VACWC did not stop it. That practice was so widespread and well settled that it constituted a custom of VACWC.
- After Toral complained about disability discrimination and VACWC’s refusal to accommodate her communication needs, Hoover personally issued formal discipline accusing Toral of insubordination. Borden later personally terminated Toral’s employment on January 29, 2026. Those management actions constituted adverse employment actions by VACWC.
- But for Toral’s protected activity, VACWC would not have disciplined and terminated her.
Plaintiff is seeking the awarding back pay and lost benefits, reinstatement or front pay, compensatory damages, attorneys’ fees and costs, and prejudgment interest, and any other relief this Court deems just and appropriate.
Mayra Toral v VACWC
