United States District Court, E.D. Pennsylvania
MEMORANDUM RE: MOTION TO DISMISS
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
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
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.
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.
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. ...