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exclude from gross income under section 104(a)(2) payments
received by her from her former employer pursuant to a settlement
agreement. Petitioner resided in Machesney Park, Illinois, at
the time the petition was filed.
Background
Rockford Memorial Health Services Corp. (Rockford) hired
petitioner in December of 1992 and promoted her to head secretary
in the Human Resources Department after 1 year. In March of
1995, however, petitioner received an unfavorable performance
evaluation and was placed on a 90-day performance improvement
plan. Petitioner believed that she was exposed to racially
offensive jokes and racial slurs at work and that Rockford
refused to act on her complaints of discrimination and attempted
to discourage any complaints of discrimination. Petitioner asked
to be transferred to an assignment under a different supervisor.
That request was refused. Instead, Rockford terminated
petitioner’s employment on April 25, 1995, after 53 days of her
90-day probationary period. During the time of the alleged
harassment petitioner suffered from headaches, stomach problems,
insomnia, and hypertension.
On April 9, 1997, petitioner filed a complaint in the United
States District Court for the Northern District of Illinois,
Western Division, as a member of a class action suit filed
against Rockford. In the complaint, petitioner alleged that
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