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.

Sperry v. Archdiocese of Philadelphia

United States District Court, E.D. Pennsylvania

October 24, 2019

GIA SPERRY
v.
THE ARCHDIOCESE OF PHILADELPHIA individually and d/b/a THE OFFICE OF CATHOLIC EDUCATION OF THE ARCHDIOCESE OF PHILADELPHIA

          MEMORANDUM

          Baylson, J.

         I. Introduction

         This case involves alleged violations of the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act of 1933, and the Fair Labor Standards Act that occurred during Plaintiff Gia Sperry's employment by Defendant The Archdiocese of Philadelphia and The Office of Catholic Education of the Archdiocese of Philadelphia. Sperry's complaint contains six counts:

Count 1: Sex discrimination in violation of Title VII
Count 2: Retaliation in violation of Title VII
Count 3: Failure to accommodate in violation of the ADA
Count 4: Retaliation in violation of the ADA
Count 5: Underpayment in violation of FLSA
Count 6: Interference with FMLA rights

         Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants now move to dismiss all claims except for a portion of Count 3. Defendants also request that the Court strike Sperry's prayer for punitive damages.

         For the reasons given below, the Court will DENY the Motion in part and GRANT the motion in part.

         II. Factual and Procedural History

         Taking Sperry's allegations as true, the factual background is as follows. Sperry is a lay teacher in Philadelphia Catholic schools. Compl. ¶¶ 14-16. At all relevant times, she has suffered from lupus. Id. ¶¶ 17-18. For over a decade, she has sought accommodations to help her manage her lupus in the workplace-mostly, air conditioning-but received nothing. Id. ¶¶ 18-33. The sole exception was a period in 2017-2018 when she was placed in a classroom with functioning air conditioning. Id. ¶ 31. That period ended in September 2018 when Defendants reassigned her to a classroom without functioning air conditioning, which she complained about. Id. ¶¶ 32-33. Her students have “regularly” sexually harassed and in at least one case groped her, and Defendants did nothing to protect her. Id. ¶¶ 38-41.

         Sperry sought to take medical leave beginning in or about September 2018, and began taking medical leave on September 13, 2018. Id. ¶¶ 32, 34-35. She has not yet returned to work. Id. ¶ 35.

         She received negative performance reviews from 2010 on. Id. ¶ 28. She claims those negative performance reviews were unwarranted and intended to retaliate for her complaints about Defendants' failure to accommodate her. Id. ¶ 28. She also alleges that Defendants underpaid her on some occasions. Id. ¶¶ 44-45. She filed charges with the Equal Employment Opportunity Commission, Pennsylvania Human Relations Commission, and Philadelphia Commission on Human Relations on March 8, 2019, and received her EEOC Notice of Right to Sue ten days later. Id. ¶¶ 4-5. Defendants disabled her access to her work email on March 22, 2019, which she appears to allege was intended to retaliate against her filing of EEOC charges. See id. ¶¶ 36-37.

         On June 14, 2019, Sperry filed a complaint against Defendants alleging sex discrimination, disability discrimination, retaliation for her complaints about both forms of discrimination, underpayment, and interference with her right to take leave. ECF 1. Defendants moved for the dismissal of Plaintiff's entire complaint except for a portion of her disability discrimination claim on September 24. ECF 7. Sperry responded on October 8, ECF 8, and Defendants submitted its reply on October 15, ECF 9.

         III. L ...


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.