Donaldson v. Trae-Fuels, LLC, 399 F.Supp.3d 555

Michael Donaldson was Trae-Fuels' financial controller; EnviroTech was the managing member and supervised him through several managers.
In May 2014 Donaldson was diagnosed with Stage IV adenocarcinoma pancreatic cancer and soon thereafter began chemotherapy (two out of every three Fridays).
Supervisors questioned his ability to work, hired a temporary accountant while he was hospitalized, then released that temporary hire when Donaldson continued performing duties.
Donaldson provided his chemotherapy schedule and stated he could maintain a full 40‑hour workweek; supervisors agreed to the plan but terminated him on August 20, 2014, less than two months after chemotherapy began.
Donaldson had no prior negative performance reviews; he claims termination was because of his disability and that defendants failed to accommodate and engage in the interactive process. Defendants moved to dismiss under Rule 12(b)(6).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Donaldson sufficiently alleged an actual disability under the ADA	Donaldson alleges pancreatic cancer substantially limits normal cell growth and digestive functions and required chemotherapy	Defendants argue his allegations are insufficient to show a disability under the ADA	Court: Allegations plausibly plead an actual disability; cancer generally qualifies under the ADAAA
Whether Donaldson sufficiently alleged he was "regarded as" disabled	Donaldson alleges employer perceived him as disabled based on comments and actions after diagnosis	Defendants argue perception claim inadequately pleaded	Court: Complaint plausibly alleges defendant regarded him as having an impairment; ADAAA lowered pleading burden
Whether defendants failed to provide reasonable accommodation	Donaldson alleges he requested accommodation (chemotherapy schedule) and was effectively terminated instead of accommodated	Defendants argue they granted the requested accommodation (agreed to the schedule)	Court: Plaintiff plausibly alleges termination rather than accommodation; dismissal denied
Whether complaint survives Rule 12(b)(6)	N/A (overall claim)	N/A	Court: Denied defendants’ motion to dismiss; claims for failure to accommodate and discrimination may proceed

Erickson v. Pardus, 551 U.S. 89 (establishing that courts accept well‑pleaded factual allegations on a Rule 12(b)(6) motion)
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (pleading must state a plausible claim)
Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for pleadings)
Wilson v. Dollar Gen. Corp., 717 F.3d 337 (4th Cir.) (ADA includes failure to accommodate theory)
Summers v. Altarum Inst., Corp., 740 F.3d 325 (4th Cir.) (discussing effect of ADA Amendments Act in broadening disability definition)
Jacobs v. N.C. Admin. Off. of the Courts, 780 F.3d 562 (4th Cir.) (ADAAA intent to ease access to ADA protection)
Alston v. Park Pleasant, Inc., [citation="679 F. App'x 169"] (3d Cir.) (cancer can be a qualifying disability)
Oehmke v. Medtronic, Inc., 844 F.3d 748 (8th Cir.) (cancer qualifies as a covered disability under the ADA)
Mercado v. Puerto Rico, 814 F.3d 581 (1st Cir.) (under ADAAA a "regarded as" plaintiff need not show limitation of a major life activity)
Burch v. Coca‑Cola Co., 119 F.3d 305 (5th Cir.) (wrongful termination analysis versus reasonable accommodation)
Roberts v. Progressive Independence, Inc., 183 F.3d 1215 (10th Cir.) (employer cannot avoid accommodation liability by terminating employee)