Buchanan v. Performance Management Group LLC
3:24-cv-06798
| D.S.C. | May 15, 2025Background
- Plaintiff James Buchanan, a long-term manager at a Zaxby’s restaurant operated by Performance Management Group (PMG), alleges he was terminated after taking medical leave for knee surgery and facing inquiries about his vision and retirement plans.
- Buchanan claims discrimination under the Family Medical Leave Act (FMLA), Age Discrimination in Employment Act (ADEA), and Americans with Disabilities Act (ADA).
- Buchanan’s ADA and ADEA charges were filed with a state agency (SCHAC) but, at the time of suit, he had not received a right-to-sue letter.
- Defendant PMG moved for partial dismissal, arguing failure to exhaust administrative remedies (for both ADA and ADEA claims) and improper pleading of the ADEA claim alongside FMLA/ADA claims due to causation requirements.
- The magistrate judge analyzed the sufficiency of the complaint under Rule 12(b)(6) standards and issued recommendations on the defendant’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to exhaust ADA claim | ADA charge filed; will amend if right-to-sue arrives | ADA claim must be dismissed; no right-to-sue letter | Dismissed without prejudice; can amend if exhausted |
| Failure to exhaust ADEA claim | ADEA doesn’t require right-to-sue letter, only 60 days after EEOC charge | ADEA claim must be dismissed; no right-to-sue letter | Not dismissed; ADEA claim may proceed |
| Pleading ADEA claim w/ FMLA & ADA claims | Can plead alternative legal theories | ADEA's but-for causation bars alternative pleading | Dismissal denied; alternative pleading permissible |
| Sufficiency of ADEA claim (apart from exhaustion and causation) | Sufficient factual allegations pleaded | No challenge on other grounds | ADEA claim allowed to proceed at this stage |
Key Cases Cited
- Fort Bend Cnty., Tex. v. Davis, 587 U.S. 541 (2019) (Title VII charge-filing is a mandatory processing rule, not jurisdictional)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleadings must raise relief above speculative level)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (facial plausibility standard for pleadings)
- Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (2009) (ADEA requires but-for causation)