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Martsolf v. United Airlines, Inc.

United States District Court, W.D. Pennsylvania

March 7, 2014

DELILAH MARTSOLF, Plaintiff,
v.
UNITED AIRLINES, INC., Defendant.

MEMORANDUM OPINION

CYNTHIA REED EDDY, Magistrate Judge.

Before the Court is Defendant United Airlines Inc.'s partial Motion to Dismiss Counts II, III, and IV of Plaintiff's Complaint.[1] (ECF No. 8). Plaintiff concedes that Count IV of the Complaint pertaining to a violation of the Pennsylvania Human Relations Act ("PHRA") should be dismissed as untimely. (ECF No. 20). Accordingly, Defendant's Motion to Dismiss Count IV will be GRANTED. Plaintiff, however, challenges Defendant's assertions that Counts II and III should be dismissed. (ECF No. 20). For the reasons explained below, Defendant's Motion to Dismiss Counts II and III will be DENIED.

Background

On February 3, 2013, Plaintiff filed a charge of discrimination, pro se, with the EEOC averring that Defendant discriminated against Plaintiff based on her alleged disability: hearing loss that also affects her ability to speak. (ECF Nos. 8-1, 20-1). In said charge, Plaintiff asserted, among other things, the following:

• Plaintiff was hired by Defendant on or about October 31, 2011 as a part-time Station Coordinator.
• Plaintiff reported to three (3) supervisors: John Gallahan, Donald Beckley, and Jeff Arnold. Those three supervisors all reported to the General Manager, Melvin Johnson.
• Plaintiff was "repeatedly subjected to harassment from Mr. Johnson, Mr. Arnold, Mr. Gallahan and Coordinator, Joanne Triplett when they would frequently tell [Plaintiff] to repeat [herself] or say that they did not understand [Plaintiff]."
• "When [Plaintiff] asked them to repeat themselves they would scream at [her] thinking that [she] could not hear or understand them."
• "Ms. Triplett would hold her nose and talk while mimicking [Plaintiff]."
• "Mr. Johnson and Ms. Triplett would make faces and gestures while behind [Plaintiff's] back, but [Plaintiff] saw them as they stood behind [her] through their reflections on the computer monitor screen."
• Plaintiff asserted that Mr. Johnson "would roll his eyes at [her] while making faces to others present in the area."
• Plaintiff asserted that Mr. Johnson screamed at Plaintiff: (1) "Are you stupid and can't understand what people are saying?"; (2) "I gave you a simple task! Are you stupid and cannot perform a simple task?"; and (3) "Are you deaf, dumb or stupid? Never mind [sic], you are just stupid."
• Plaintiff asserted that on or about March 14, 2012, Mr. Johnson reviewed Plaintiff's performance and "belittled" her during the discussion, stating that "no one in the office can stand [Plaintiff] including [Mr. Johnson]." Plaintiff allegedly responded that she got along well with everyone that worked in the station, to which Mr. Johnson replied that Plaintiff was "a very blind and stupid person" if she "cannot see that [she] is hated here."
• Plaintiff received a written "Letter of Concern" from Mr. Johnson on or about March 22, 2012, stating that Plaintiff was ...

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