United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
M. Dow, Jr. United States District Judge.
the Court is Defendant First Transit, Inc.'s motion to
dismiss . For the reasons set forth below, Defendant's
motion to dismiss  is granted. Plaintiff is given until
April 17, 2017, to file an amended complaint consistent with
First Transit, Inc. operates a customer service call center
for the Regional Transit Authority, which helps to administer
and oversee public transit in Northeastern Illinois. On
September 22, 2014, Defendant hired Plaintiff Tomisha Love to
work as a customer service representative. By December 2014,
Plaintiff was pregnant.
noticed that she was experiencing some bleeding while at work
on December 8, 2014. She alleges that she had “a
serious medical condition associated with her then pregnancy,
miscarriage” and “[a]t the time that Plaintiff
was experiencing these symptoms her pregnancy was
substantially limiting the major life activities of working,
concentrating, and interacting with others.” [1, ¶
11.] Plaintiff asked her supervisor if she could leave work
early and her supervisor agreed but requested that Plaintiff
provide a doctor's note to excuse her absence. It is not
clear if Plaintiff simply suffered from an increased risk of
miscarriage or if she, in fact, miscarried on December 8 (or
some other date). It is also not clear what Plaintiff told
her supervisor when asking to leave work on December 8
(e.g., that she was bleeding, that she had a higher
risk of miscarriage, that she had just miscarried, some
combination of these events, or something else).
returned to work on December 9, but did not have a
doctor's note. Her supervisor then sent her home from
work. Sometime later, Plaintiff tried to provide Defendant
with “documentation of her condition and hospital visit
but was denied the opportunity to do so.” [1, ¶
15.] On December 11, Plaintiff was terminated over the phone,
allegedly because of her unexcused absence. Id.
¶ 16. She received a letter three days later confirming
April 20, 2015, Plaintiff filed a charge of discrimination
against Defendant with the Illinois Department of Human
Rights and the Equal Employment Opportunity Commission
(“EEOC”), which states:
I began my employment with [Defendant] on September 22, 2014
as a customer service representative. In November 2014, I
became pregnant and informed [Defendant]. On or about
December 8, 2014 I had to leave work because of a
miscarriage. The next day, on December 9, 2014, [Defendant]
informed me that I was terminated. I believe I was
discriminated against based on my disability in violation of
the Americans with Disabilities Act of 1990, as amended. I
believe I was discriminated against based on my pregnancy in
violation of the Pregnancy Discrimination Act of 1978, as
February 12, 2016, Plaintiff filed a complaint against
Defendant, asserting claims under the Americans with
Disabilities Act Amendments Act of 2008, 42 U.S.C. §
12101, et seq. (“ADAAA”) and the Family
and Medical Leave Act, 29 U.S.C. § 2601, et
seq. (“FMLA”). [See 1.] She did not pursue a
claim under Title VII of the Civil Rights Act as amended by
Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k).
Defendant filed a motion to dismiss the complaint in its
entirety. [See 9.]
survive a Federal Rule of Civil Procedure
(“Rule”) 12(b)(6) motion to dismiss for failure
to state a claim upon which relief can be granted, the
complaint first must comply with Rule 8(a) by providing
“a short and plain statement of the claim showing that
the pleader is entitled to relief, ” Fed.R.Civ.P.
8(a)(2), such that the defendant is given “fair notice
of what the * * * claim is and the grounds upon which it
rests.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 555 (2007) (quoting Conley v. Gibson, 355 U.S.
41, 47 (1957)) (alteration in original). Second, the factual
allegations in the complaint must be sufficient to raise the
possibility of relief above the “speculative
level.” E.E.O.C. v. Concentra Health Servs.,
Inc., 496 F.3d 773, 776 (7th Cir. 2007) (quoting
Twombly, 550 U.S. at 555). “A pleading that
offers ‘labels and conclusions' or a
‘formulaic recitation of the elements of a cause of
action will not do.'” Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S.
at 555). Dismissal for failure to state a claim under Rule
12(b)(6) is proper “when the allegations in a
complaint, however true, could not raise a claim of
entitlement to relief.” Twombly, 550 U.S. at
558. In reviewing a motion to dismiss pursuant to Rule
12(b)(6), the Court accepts as true all of Plaintiff's
well-pleaded factual allegations and draws all reasonable
inferences in Plaintiff's favor. Killingsworth v.
HSBC Bank Nevada, N.A., 507 F.3d 614, 618 (7th Cir.
2007). The Court reads the complaint and assesses its
plausibility as a whole. See Atkins v. City of Chi.,
631 F.3d 823, 832 (7th Cir. 2011).
complaint raises three claims, styled as two counts. Count I
asserts claims under the under the ADAAA for both disability
discrimination and failure to accommodate her disability.
Count II asserts a claim under the FMLA. As a threshold
matter, Plaintiff concedes in her response that she cannot
state a claim under the FMLA. [See 13, at ...