An unexpected turnabout by lawyers for the City Colleges of Chicago today cleared the way for trial of an employment discrimination and retaliation case against the colleges. 

The college system had been expected to argue in favor of dismissing the case. But in court this morning, they said they would not seek to have some charges thrown out.

Ramona Shaw, a former employee in the district’s human resources department, sued in 2007 saying that the director of that department fired her after she raised concerns that blacks were paid less than Hispanics in the department.

She also alleges in the lawsuit that Mayor Richard M. Daley’s office pressured the City Colleges to hire a Hispanic person for the top human resources post; she says she was passed up because she was black, even though she held that post on an interim basis for several months in 2004.

The City Colleges argued that two of the charges should be thrown out – but that it would not try to have the other two dismissed.

There are some legal questions nationwide about how long after an incident of discrimination that someone can file charges under Section 1981 of the Civil Rights Act of 1866. But those issues don't exist for Title VII of the Civil Rights Act of 1964.

While the two laws are similar, the former does not place limits on the damages a plaintiff can receive. Title VII limits damages to $300,000 for employees of organizations with more than 500 employees.

The City Colleges wants the court to throw out the Section 1981 charges.

William Pokorny, a lawyer for the City Colleges, said at the hearing that Shaw would have a high burden of proof on those charges.

“It’s the plaintiff’s burden … to establish that the alleged discrimination was part of an official policy or custom," he said.

Alenna Bolin, an attorney for Shaw, said after the hearing that her side can show that.

“We do have some very powerful evidence about that,” she said, but declined to give any specifics.

Elsa Tullos, the City Colleges spokeswoman, says the district does not comment on pending litigation. The two attorneys representing the district at yesterday’s hearing also declined to comment afterward.

In court documents, the City Colleges has said Shaw was fired for “insubordination and unprofessional conduct.”

But according to her lawsuit, Shaw always received high marks in performance reviews and was praised for her professionalism and leadership.

The City Colleges has 30 days to file documents related to dismissing two of the four charges in the lawsuit. Shaw will then have 30 days after that to respond. The next court date has not been set.