Dancing the night away on FMLA: NJ district court dismisses race, age, disability claims

In an unpublished opinion, the U.S. District Court for the District of New Jersey recently granted an employer’s request to dismiss race, age, and disability discrimination claims filed by a former employee who suffered from a permanent and chronic respiratory condition. While laying out the framework for the effective assertion of certain employment claims, the court ultimately found the employee failed to allege sufficient facts to support her complaint. The court also held she failed to meet the legal standard for each claim.

Facts

Gloria Dickerson, a 72-year-old African-American female, worked as a customer service representative in the HR department at the New Jersey Institute of Technology (NJIT). She filed an Equal Employment Opportunity Commission (EEOC) charge against NJIT and three employees asserting race, age, and disability discrimination claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).

Dickerson alleged she was discriminated and retaliated against, denied opportunities, and subjected to a hostile work environment. She also suffered from a permanent chronic respiratory condition, which occasionally required her to request temporary leave under the Family and Medical Leave Act (FMLA). In support of the claims, she relied on an incident when her supervisor questioned her attendance at a coworker’s retirement party while she was on FMLA leave. She claims her supervisor asked, “How can you dance on FMLA?”