JAMES T. TRIMBLE, Jr., District Judge.
Before the court is "Defendant's Rule 12(b)(6) Motion for Partial Dismissal" (R. #11) wherein defendant, CertainTeed Corporation ("CertainTeed") seeks to dismiss plaintiff, Brian Lawson's claims of discrimination and retaliation under the American with Disabilities Act ("ADA"). CertainTeed maintains that Mr. Lawson has failed to plead facts to state a claim for relief under the ADA. Also before the court is a motion for oral arguments (R. #16) which will be denied as unnecessary.
Mr. Lawson was employed as a Quality Control Manager for CertainTeed from approximately March 2011 until February 11, 2014. On March 17, 2014, Mr. Lawson filed a Charge of Discrimination with the Equal Employment Opportunity Commission alleging his employment was terminated and CertainTeed failed to accommodate his alleged disability in violation of the ADA.
In his complaint, Mr. Lawson names as defendants, CertainTeed, its Human Resources Supervisor, Ellen Curtis, and Plant Manager, Troy Fronzaglio for violations of the FMLA.
Plaintiff alleges that many of his absences from work were due to his son's numerous appointments for ADHD and Cerebral Palsy evaluations as well as school suspensions and meetings with the kindergarten school principal and staff.
Mr. Lawson was involved in an automobile accident on December 1, 2013; he appears to relate a February 28, 2014 diagnosis of a "prosthetic disc at L4-5 and mild to moderate bilateral foraminal stenosis secondary to facet degenerative changes" to his absences from work in late 2013 and early 2014.
In his amended complaint, Mr. Lawson alleges claims for interference with FMLA rights, denial of FMLA leave, retaliation for FMLA leave, discrimination due to plaintiff's disability, failure to accommodate, retaliation and harassment purportedly based on his alleged disability. Plaintiff seeks a declaratory judgment that CertainTeed's acts violated plaintiff's rights under FMLA. Plaintiff further seeks redress under Title of the Americans With Disabilities Act to correct unlawful practices, unfavorable treatment, failure to accommodate, and harassment which resulted in CertainTeed terminating plaintiff. Mr. Lawson seeks compensatory damages for economic loss, future loss, back pay, front pay, benefits and liquidated damages, an award for $1,000,000.00, costs and attorney's fees, and legal interest.
Fed. R. Civ. P. 8(a)(2) requires that pleadings which state one or more claims for relief must contain ". . . a short and plain statement of the claim showing that the pleader is entitled to relief . . ." This "notice pleading" requirement is balanced against Fed. R. Civ. P. 12(b)(6), which provides that a court may dismiss one or more claims when the pleader fails to state a claim upon which relief may be granted.
For the purpose of considering a motion to dismiss pursuant to Rule 12(b)(6), the court must take all well-pled factual allegations as true and must view them in the light most favorable to the plaintiff.
The court's analysis is restricted to the pleading at issue, its proper attachment and matters of public record.
CertainTeed's motion to dismiss is based on the following: (1) plaintiff's complaint fails to set forth sufficient facts to establish he has a disability within the meaning of the ADA, and (2) plaintiff's complaint fails to allege sufficient facts to state an ADA claim based on a failure to accommodate.
CertainTeed maintains that plaintiff has failed to allege sufficient facts to establish that he is disabled and thus qualified for protection under the Americans with Disabilities Act ("ADA"). To make out a prima facie case of discrimination under the ADA, plaintiff must show that (1) he has a disability; (2) he is a qualified individual for the job in question; and (3) an adverse employment decision was made because of his disability.
The ADA does not define "substantially limits" nor does it define "major life activities." However, the regulations promulgated by the EEOC under the ADA provide significant guidance. To substantially limit means:
Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Hence, Mr. Lawson must plead facts sufficient to raise a plausible inference that he has a physical or mental impairment that substantially limits one or more major life activities, that he could perform the essential functions of his job with or without an accommodation, and that CertainTeed was aware of his impairment, but failed to accommodate same or made an adverse employment decision because of his disability or his request for an accommodation.
CertainTeed asserts that Mr. Lawson has failed to plead facts in his first amended complaint that would reasonably infer that plaintiff was disabled, and that such is fatal to his claims under the ADA. The court has reviewed the 26 page complaint, as amended. In his complaint, Plaintiff asserts that CertainTeed (1) failed to advise him of his rights under the FMLA, (2) failed to give him notice of their intentions regarding the granting or denying of FMLA status for his leave which prevented him from taking FMLA leave,
The facts asserted by Mr. Lawson in his First Amended Complaint are as follows: CertainTeed hired Mr. Lawson on March 28, 2011. After his first year of employment, Mr. Lawson received a "3 Meets and sometimes exceeds" score with "Consistently Exceeds" in all required Managerial Competencies on his annual appraisal. Mr. Lawson received a 3% raise.
During his second and third quarter of employment in year 2013, plaintiff's son had numerous appointments for ADHD and Cerebral Palsy evaluations for which he was placed on medications.
On September 30, 2013, Mr. Lawson received a Disciplinary Action Form for an unacceptable exchange with a fellow staff member.
On November 25, 2013, Mr. Lawson underwent surgery for a hernia and was off work for three (3) weeks; he used one (1) week of vacation and was placed on FMLA leave for two (2) weeks. Mr. Lawson was also approved for short-term disability with The Hartford.
On December 1, 2013, Mr. Lawson was involved in a wreck; he was taken to the emergency room where he received IV medications and a CT scan. Mr. Lawson immediately messaged Troy Fronzaglio regarding the incident.
On December 20, 2013, Mr. Lawson took his son to a doctor's appointment which he filed with The Hartford.
On January 15, 2014, Mr. Lawson had to leave work at lunch to pick his son up from school due to illness; Mr. Lawson took him to the doctor who diagnosed him with strep throat. The doctor gave Mr. Lawson an excuse for the remainder of that day up until January 17, 2014 which he filed with The Hartford.
On January 22, 2014 Mr. Lawson saw Dr. Merriman for a surgery follow-up which he filed with The Hartford.
On February 3, 2014, Mr. Lawson met with Ellen Curtis and Troy Fronzaglio about his questions from a January inquiry regarding the FMLA and vacation. Mr. Lawson was shown the January calendar and his absences from work. Ms. Curtis informed Mr. Lawson that The Hartford had denied some of his FMLA requests — specifically for a dental appointment and the three (3) days he missed due to his son having strep throat. Ms. Curtis also informed plaintiff that she would set up an appointment with representatives of The Hartford to further explain to plaintiff about FMLA leave.
On February 11, 2014, during an ice storm, Mr. Lawson contacted his employer that his son's school was closed; he was informed to come to work late or take a vacation day.
On February 14, 2014, Ellen Curtis and Danny Brandenburg met Mr. Lawson in his office and requested his company keys and informed him that he was under investigation.
On February 17, 2014, Mr. Lawson attempted to obtain the appropriate documentation for his son's doctor appointment at the Shriners and when he had to pick his son up for bad behavior; both of these events The Hartford showed as "outstanding."
On February 20, 2014, Mr. Lawson met with Troy Fronzaglio, Ellen Curtis, Danny Brandenburg, and Cheryl Davidson wherein he was presented with a "Last Chance Agreement" and was further asked to sign the document. Mr. Lawson disagreed with some of the contents of the Agreement and refused to sign it. Mr. Lawson was informed that he had until the next morning to sign the document, as is, and return it; failure to do so would result in termination.
On February 20, 2014, Mr. Fronzaglio and Mr. Lawson spoke over the phone and he was provided the clarity he requested. Mr. Fronzaglio also informed Mr. Lawson that he could not add comments to the Agreement and offered him the opportunity to sign and resubmit the Agreement no later than February 21, 2014.
Thereafter, Mr. Lawson spoke with Mr. Fronzaglio who informed him that CertainTeed accepted his voluntary resignation.
On February 28, 2014, Mr. Lawson received MRI results revealing "L4-5 level shows prosthetic disc with no bulging disc, but there is mild to moderate bilateral foranminal stenosis secondary to facet degenerative changes."
Mr. Lawson claims that CertainTeed interfered with his FMLA rights due to his son's illnesses, his back, the hernia surgery and the car accident injuries.
There are no facts pled in his complaint, as amended, that even remotely suggest that Mr. Lawson has a disability within the meaning of the ADA. Moreover, there are no facts that would establish that Mr. Lawson has a physical or mental impairment that substantially limits one or more major life activities. Mr. Lawson seems to rely on several visits to HealthCare Express where he was given medications after a back evaluation and a diagnosis of a prosthetic disc. However, there are no facts that show the nature and severity of Mr. Lawson's back condition, the duration or expected duration, or its permanent or expected permanent or long-term impact. Thus, even taking all facts pled as true, there are no facts pled to establish that Mr. Lawson was disabled under the ADA. To the contrary, the facts pled by Mr. Lawson reveal that he was and continued to be able to perform not only the essential functions of his job without an accommodation, but also to take care of himself as well as his son and the problems associated with his son's medical and/or mental and physical needs. Accordingly, all claims asserted under the ADA will be dismissed.
For the reasons set forth above, the motion for partial dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure will be granted dismissing with prejudice plaintiff's claim under the Americans with Disabilities Act. The motion for oral argument will be denied as unnecessary. The Court determines that there is no just reason for delay and will direct entry of final judgment under rule 54(b) of the Federal Rules of Civil Procedure.
