David Richard Sr. v. Goodwill Southwest Pennsylvania

Summary

The court granted Goodwill Southwest Pennsylvania’s motion to dismiss an employment discrimination and retaliation action brought by David Richard Sr. under the Americans with Disabilities Act and the Pennsylvania Human Relations Act. The failure-to-promote claim was dismissed as time-barred, and the retaliation claims were dismissed for failure to state a claim. The court declined supplemental jurisdiction over the remaining state-law fraud claim and dismissed it without prejudice.

Holdings

1. The failure-to-promote disability-discrimination claims were time-barred because the alleged discriminatory employment action occurred in December 2017, while the EEOC charge was filed in May 2022, more than 300 days later.
2. The third amended complaint failed to state ADA or PHRA retaliation claims because it did not plausibly allege protected activity, a qualifying adverse employment action, or a causal connection between protected activity and adverse action.
3. The court declined to exercise supplemental jurisdiction over the remaining Pennsylvania fraud or fraudulent-inducement claim after dismissing all claims within its original jurisdiction.

Questions Presented

1. Whether the plaintiff's ADA and PHRA failure-to-promote disability-discrimination claims were barred by the applicable 300-day administrative filing period.
2. Whether the third amended complaint plausibly alleged ADA and PHRA retaliation, including protected activity, an adverse employment action, and causation.
3. Whether the court should exercise supplemental jurisdiction over the remaining Pennsylvania fraud or fraudulent-inducement claim after dismissing all federal claims.

Disposition

dismissed