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Fagan v. Elwyn Inc.

United States District Court, E.D. Pennsylvania

August 11, 2017

Anthony Fagan, Plaintiff,
v.
Elwyn Inc. and Ben Dourte, Defendant.

          MEMORANDUM RE: MOTION TO DISMISS

          Baylson, J.

         I. Introduction

         In this case, Plaintiff Anthony Fagan (“Mr. Fagan” or “Plaintiff”) alleges that he was wrongfully terminated by his employer, Defendant Elwyn (“Elwyn”) and his direct supervisor, Defendant Ben Dourte (“Mr. Dourte”) (together “Defendants”). In his Complaint, Plaintiff advances five claims:

• Count I: FMLA Claim for Interference
• Count II: FMLA Claim for Discrimination
• Count III: FMLA Claim for Retaliation
• Count IV: PHRA Claim for Race Discrimination
• Count V: PHRA Claim for Disability Discrimination

         Pending before the Court is Defendants' Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim, in which Defendants seek dismissal of Counts I, II and V of Plaintiff's Complaint. For the reasons discussed below, Defendants' motion is granted in part and denied in part without prejudice.

         II. Background

         Taking Plaintiff's allegations as true, as is required at this stage, the factual background is as follows. Mr. Fagan, an African American man, worked for Defendant Elwyn as a Program Specialist from April 2002 to August 2015. ECF 1, Compl. ¶ 1. Mr. Fagan's direct supervisor was Mr. Dourte. Compl. ¶ 1. Throughout Mr. Fagan's employment, he observed Mr. Dourte's hostile treatment of African Americans. Compl. ¶ 9. Mr. Dourte accused Plaintiff of stealing his property, disparately applied company policies, and showed diminished respect overall to both the Plaintiff and other African Americans. Compl. ¶ 9.

         In July of 2015, Plaintiff applied and was approved for a leave of absence under the Family Medical Leave Act (“FMLA”) for a serious health condition related to stress. Compl. ¶¶ 10-11. Prior to Plaintiff's leave, Mr. Dourte questioned Plaintiff as to the reason for the leave of absence and warned him not to abuse it. Compl. ¶¶ 12, 14. Plaintiff was on leave from July 11, 2015 to July 22, 2015 and was terminated a few weeks after returning back to work. Compl. ¶¶ 10, 16. Plaintiff alleges that Defendants were aware that he applied and/or intended to apply to take intermittent FMLA leave through the end of 2015. Compl. ¶ 23. Further, Defendants replaced Mr. Fagan with a non-African American individual who had not taken FMLA leave. Compl. ¶ 20.

         III. Procedural History

         Plaintiff filed this case on January 27, 2017. (ECF 1). Defendants filed a Partial Motion to Dismiss for Failure to State a Claim on March 15, 2017. (ECF 8). Plaintiff responded on March 29, 2017. ...


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