Where a woman at a logistics company alleged that her supervisor and other employees made derogatory comments “that Chinese people, like [plaintiff], would ‘eat rats, cats, and dogs’” or a question about “why Chinese people are so tiny,” she plausibly alleged a hostile work environment claim.
Background
Alynna Edouard asserts claims under the Americans with Disabilities Act, or ADA, Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 against John S. Connor Inc. Defendant has filed a motion to dismiss.
ADA
Plaintiff alleges that defendant failed to provide reasonable accommodation for her alleged disability by failing to allow her to work from home. Defendant argues that plaintiff “does not allege any facts that would support an assertion that her injuries rise to the level of a disability under the ADA.” The court agrees.
While plaintiff alleges that her disability stems from a July 2019 car accident that gave her “severe[] … injuries to her back, knees, neck and feet,” she provides no further factual allegations to explain the nature of her asserted disability or even which major life activities are impacted. The court therefore finds that plaintiff has failed to allege that she suffers from a disability within the meaning of the ADA and, therefore, that she has not stated a claim for failure to accommodate under the ADA.
Plaintiff next alleges that she was wrongfully terminated by defendant in violation of the ADA. This claim fails for two reasons. First,...
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