Kimberly Babb et al. v. Christian Heights Nursing Home et al.

Summary

The United States District Court for the Western District of Kentucky dismisses Kimberly Babb’s ADEA and ADA claims under 28 U.S.C. § 1915(e)(2)(b)(ii) for failure to state a claim. The court permits her Title VII discrimination and retaliation claims against Christian Heights Nursing Home and Rehabilitation to continue and directs service of process. The court also refers litigation-planning and nondispositive matters to a magistrate judge.

Holdings

1. An ADEA claim does not require a plaintiff to establish a prima facie case at the pleading or initial-screening stage, but the complaint must allege sufficient factual content to support a reasonable inference that age discrimination occurred. Alleging only that the plaintiff is over forty is insufficient.
2. Alleging medical conditions that may qualify as disabilities is insufficient to state an ADA claim without factual allegations showing, among other things, that the employer failed to accommodate the disability or took adverse action because of it.

Questions Presented

1. Whether the amended complaint stated a plausible claim under the Age Discrimination in Employment Act when it alleged only that Babb was older than forty and contained no facts suggesting age-based discrimination.
2. Whether the amended complaint stated a plausible claim under the Americans with Disabilities Act when it alleged medical conditions but no facts showing failure to accommodate, disability-based adverse action, employer knowledge, a request for accommodation, or qualification for the job.

Disposition

dismissed