Where a plaintiff has brought suit under the Americans with Disabilities Act, the ADA claim should be dismissed because the plaintiff alleges that she was constructively discharged due to her complaints regarding business practices, with no mention of the defendant employer taking action against her because of her disability.
As for the plaintiff’s separate claim under the Employee Retirement Income Security Act, limited discovery should be permitted regarding the notice received by the plaintiff under the Consolidated Omnibus Budget Reconciliation Act.
“Before the Court is Defendant Steere House d/b/a Steere House Nursing and Rehabilitation Center’s (‘Steere House’) Motion to Dismiss, ECF No. 16. …
“Steere House argues that [the plaintiff’s] ADA claim fails because she did not suffer an adverse employment action. She was not terminated by Steere House and the Amended Complaint does not support [the plaintiff’s] theory of constructive discharge. … Without explicitly arguing so, it appears that [the plaintiff] believes she did suffer an adverse employment action in the form of a constructive discharge. … Based on the allegations in the Amended Complaint, this theory is unavailing. …
“[The plaintiff] alleges that, as a result of her complaints about employee policies potentially affecting her role as a fiduciary, she was excluded from meetings, obstructed from completing functions of her position, and denied cooperation in managing ‘policies and programs integral to the...
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