Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McGehean v. AF&L Insurance Co.

June 30, 2009

CAROL MCGEHEAN
v.
AF&L INSURANCE COMPANY AND CIVC PARTNERS



The opinion of the court was delivered by: O'neill, J.

MEMORANDUM

On April 28, 2009, plaintiff Carol McGehean filed a complaint against defendants AF&L Insurance Company and CIVC Partners alleging violations of 42 U.S.C. § 1981(a) (Title VII), the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (ADEA) and the Pennsylvania Human Relations Act, 43 P.S. § 951 et seq. (PHRA).

Presently before me are AF&L's motion to dismiss portions of McGehean's complaint and McGehean's response thereto.

BACKGROUND

McGehean alleges that she suffered age and sex discrimination in violation of the ADEA, Title VII and PHRA during her employment with defendant. McGehean alleges that she suffered a reduction in compensation and job responsibilities, ageist remarks, a hostile work environment and retaliatory termination. She requested, inter alia, compensatory damages for "pain, suffering, inconvenience, mental anguish, humiliation, loss of position and other non-pecuniary losses caused by Defendant's actions" as well as punitive damages.

STANDARD OF REVIEW

Federal Rule of Civil Procedure 12(b)(6) permits a court to dismiss all or part of an action for "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). In ruling on a 12(b)(6) motion, I must accept as true all well-pleaded allegations of fact, and any reasonable inferences that may be drawn therefrom, in plaintiff's complaint and must determine whether "under any reasonable reading of the pleadings, the plaintiff[] may be entitled to relief." Nami v. Fauver, 82 F.3d 63, 65 (3d Cir. 1996) (citations omitted). Typically, "a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations," though plaintiffs' obligation to state the grounds of entitlement to relief "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 127 S.Ct. 1955, 1964-65 (2007). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption that all of the allegations in the complaint are true (even if doubtful in fact)." Id. (citations omitted). A well-pleaded complaint may proceed even if it appears "that recovery is very remote and unlikely." Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). When considering a Rule 12(b)(6) motion, I do not "inquire whether the plaintiff[] will ultimately prevail, only whether [he is] entitled to offer evidence to support [his] claims." Nami, 82 F.3d at 65, citing Scheuer, 416 U.S. at 236.

DISCUSSION

AF&L asserts that compensatory damages for "pain, suffering, inconvenience, mental anguish, humiliation, and non-pecuniary losses" are not available under the ADEA. AF&L further asserts that punitive damages are not available under the ADEA or the PHRA. McGehean asserts that AF&L's claims are without merit.

I. Compensatory Damages Under the ADEA

AF&L asserts that compensatory damages for "pain, suffering, inconvenience, mental anguish, humiliation and non-pecuniary losses" are not available under the ADEA.

Section 626(b) of the ADEA provides for recovery of "unpaid minimum wages and unpaid overtime compensation; liquidated damages; judicial relief; conciliation; conference; and persuasion." Relief is typically limited to lost wages or other lost remuneration. See e.g., Rodriguez v. Taylor, 569 F.2d 1231 (3d Cir. 1977); Curtis v. Robern Inc., 819 F. Supp. 451 (E.D. Pa. 1993). "[T]he Courts of Appeals have unanimously held . . . that the ADEA does not permit separate recovery of compensatory damages for pain and suffering or emotional distress." Comm'r Internal Revenue v. Schleier, 515 U.S. 323, 326 n.2 (1995); see also Rogers v. Exxon Research & Eng'g Co., 550 F.2d 834, 842 (3d Cir. 1977). The Court of Appeals has precluded all forms of recompense for "psychic distress attributable to unlawful age discrimination" under the ADEA. Rodriguez 569 F.2d at 1240, citing Rogers, 550 F.2d at 839-42.

I will grant AF&L's motion to dismiss McGehean's claim for compensatory damages for "pain, suffering, inconvenience, mental anguish, humiliation ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.