Where a defendant employer has moved to dismiss a plaintiff’s claims under the Rhode Island Fair Employment Practices Act and the Rhode Island Civil Rights Act, that motion should be denied because the plaintiff has alleged plausible facts to support a cause of action that the defendant failed to reasonably accommodate the plaintiff’s disabilities.
“John Gomes brings this action against his former employer, Brown University (‘Brown’), for damages arising out of Brown’s alleged violations of the Family Medical Leave Act (‘FMLA’), 29 U.S.C. §2601, et seq., the Rhode Island Fair Employment Practices Act (‘FEPA’), R.I. Gen. Laws §28-5-1, et seq., and the Rhode Island Civil Rights Act (‘RICRA’), R.I. Gen. Laws §42-112-1. … Additionally, Mr. Gomes alleges Brown wrongfully terminated him in violation of public policy. Brown has moved to dismiss the claims alleging violation of FEPA, RICRA, and wrongful termination. … For the reasons set forth here, the Court denies Brown’s Motion to Dismiss the FEPA and RICRA claims. …
“… Before or during the time that Mr. Gomes was employed at Brown, he was diagnosed with several disabilities, including borderline personality disorder, depression, anxiety, and substance abuse disorder. …
“Mr. Gomes alleges that Brown violated parts of the FEPA that prohibit a failure to accommodate and retaliation. …
“Here, Mr. Gomes alleges that Brown failed to accommodate his disability by not granting his reasonable request for medical leave. … Brown points...
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