309 F. Supp. 3d 1207
M.D. Fla.2018Background
- EEOC sued STME, LLC d/b/a Massage Envy for ADA violations after Massage Envy terminated employee Kimberly Lowe three days before a planned trip to Ghana, allegedly because employers feared she might contract Ebola and infect others.
- Lowe had no disability; she alleged termination was based on being "regarded as" disabled and on association with people Massage Envy believed had Ebola.
- EEOC investigated, issued a Letter of Determination finding reasonable cause, attempted conciliation unsuccessfully, then filed this action alleging "regarded as" discrimination and association discrimination.
- Massage Envy moved to dismiss under Rule 12(b)(6) for failure to state a claim and for failure to exhaust administrative remedies; EEOC sought leave to add an interference (retaliation/ coercion) claim.
- Court considered the Charge and Determination attached to the motion (undisputed, central documents) and limited review to the termination on October 22, 2014.
- Court granted the motion to dismiss and denied leave to amend, holding EEOC failed to state "regarded as" and association discrimination claims and that amendment adding interference claim would be futile.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EEOC exhausted administrative remedies for claims arising from termination | Charge and Determination encompass termination; association claim reasonably grows from Charge language about contact with persons having Ebola | EEOC did not exhaust claims based on post-termination conduct (e.g., failure to reinstate) | EEOC exhausted only as to the October 22, 2014 termination; association claim exhaustion satisfied as reasonably related to Charge |
| Whether termination states a claim under ADA "regarded as" prong | Employer can violate ADA for discriminating against healthy person based on perceived future risk of disability | Employer perceived only a potential future infection (predisposition), which is excluded from "regarded as" protection | Dismissed: Court declined to extend "regarded as" to cover perception of future risk from voluntary travel; EEOC failed to state a claim |
| Whether termination states an ADA association discrimination claim under §12112(b)(4) | Association claim fits because employer feared Lowe's contact with persons in Ghana seen as having Ebola | At time of termination Lowe had no present association; employer did not know of any specific person in Ghana with a known disability | Dismissed: §12112(b)(4) requires a known present or past association with a person known to have a disability; no such association existed here |
| Whether EEOC should be allowed to amend to add §12203(b) unlawful interference claim | EEOC sought leave to add interference allegations based on coerced change of travel plans and prevention of future ADA-protected rights | Defendant opposed amendment; argued futility and failure to exhaust | Denied: Amendment would be futile and unexhausted because Lowe had no ADA rights at termination (no disability, no "regarded as," no association) |
Key Cases Cited
- Quality Foods de Centro Am., S.A. v. Latin Am. Agribusiness Dev. Corp., S.A., 711 F.2d 989 (11th Cir. 1983) (motion to dismiss standard and factual-construction rule)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility standard for Rule 12(b)(6))
- Arline v. School Board of Nassau County, 480 U.S. 273 (U.S. 1987) (employee "regarded as" handicapped where employer believed employee currently contagious)
- Wascura v. City of South Miami, 257 F.3d 1238 (11th Cir. 2001) (elements of ADA association-discrimination prima facie case)
- Neitzke v. Williams, 490 U.S. 319 (U.S. 1989) (dismissal appropriate where dispositive legal issue precludes relief)
- Horsley v. Feldt, 304 F.3d 1125 (11th Cir. 2002) (district court may consider documents attached to motion to dismiss that are central and undisputed)