Tonia V. Cates - Page 3




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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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