United States District Court, E.D. Pennsylvania
Patricia A. Dodson, Plaintiff,
Coatesville Hospital Corporation d/b/a Brandywine Hospital, Defendant.
an employment discrimination case in which Plaintiff Patricia
Dodson (“Ms. Dodson” or “Plaintiff”)
alleges that she was wrongfully terminated by her employer,
Defendant Coatesville Hospital Corporation
(“Defendant” or “Hospital”). In her
Second Amended Complaint, Plaintiff advances six claims:
• Count I: ADA Claim for Associational Disability
• Count II: PHRA Claim for Associational Disability
• Count III: ADEA Claim
• Count IV: PHRA Claim for Age Discrimination
• Count V: ADA Claim for Retaliation
• Count VI: PHRA Claim for Retaliation
before the court is Defendant's Rule 12(b)(6) Motion to
Dismiss for Failure to State a Claim, in which Defendant
seeks (1) dismissal of Counts III and IV of Plaintiff's
Second Amended Complaint, and (2) partial dismissal of Count
V. Defendant's Motion will be GRANTED WITHOUT PREJUDICE.
Plaintiff's allegations as true, as is required at this
stage, the factual background is as follows. Plaintiff
Patricia Dodson was born in 1960, making her 56 years old at
the time of her Second Amended Complaint. Second Amended
Complaint (“SAC”), ECF 7, ¶ 8. Ms. Dodson
began her position as Director of Physician Practices at
Brandywine Hospital on May 10, 2010, which she alleges that
she was well-qualified for. SAC ¶¶ 12-13. As
Director of Physician Practices, Plaintiff reported to Bryan
Burklow, the CEO of Brandywine Hospital. Id. ¶
alleges that in January 2011, her husband underwent surgery
and treatment for colon cancer. Id. ¶ 14. Colon
cancer affected all of Mr. Dodson's major life
activities, and ultimately caused his death in February 2014.
Id. Plaintiff alleges that while her husband was
undergoing significant cancer treatment, Mr. Burklow began to
inaccurately criticize her work performance. Id.
¶ 15. Mr. Burklow suggested that Mr. Dodson's
condition was a distraction to Plaintiff's work, and
would express frustration rather than concern for Plaintiff
when she did not know the answers to Mr. Burklow's
questions regarding Mr. Dodson's prognosis and course of
treatment. Id. ¶ 16.
staff meeting on October 2011, Plaintiff alleges that Mr.
Burklow made the comment that the Hospital's
profitability was impacted by health insurance costs, and
that some of those in leadership positions had serious
illnesses in their families, and that he thought this was
“because of our age.” Id. ¶ 19.
Plaintiff alleges that since Mr. Burklow became the CEO of
the Hospital, the Hospital had engaged in a pattern of
discriminatory behavior toward older workers. Id.
¶ 20. In support of this allegation, Plaintiff lists
twelve “older and middle aged employees” ...