Opinion
Civil Action 23-460
02-15-2024
ORDER
R. BARCLAY SURRICK, J.
AND NOW, this 15th day of February, 2024, upon consideration of the Defendant Philadelphia Housing Authority's Motion to Dismiss (ECF No. 7) and Plaintiff Daniel Angelis's (“Plaintiff”) Motion to Strike Defendant's Motion to Dismiss (ECF No. 9), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that Defendant's Motion is GRANTED IN PART and DENIED IN PART and Plaintiff's Motion is DENIED as follows:
1. Defendant's Motion is GRANTED with respect to the following claims, and these claims are dismissed without prejudice:
a. Discrimination on the basis of sex under Title VII, the PHRA, PFPO (Counts I, II, VIII);
b. Disability discrimination under the PHRA (Count V);
c. Hostile work environment under Title VII, PHRA, and PFPO (Counts I, II, VIII);
d. Failure to accommodate under the ADA, PHRA, and PFPO (Counts III, V, IX), and;
e. Retaliation on the basis of sex and disability under the ADA, Title VII, PHRA, and PFPO (Counts IV, VI, VII, X).
2. Defendant's Motion is DENIED with respect to the following claims:
a. Sexual orientation discrimination under Title VII, PHRA, and PFPO (Counts I, II, VIII);
b. Disability discrimination under the ADA and PFPO (Counts III, IX), and;
c. Retaliation on the basis of sexual orientation under Title VII, PHRA, and PFPO. (Counts VI, VII, X).
3. Plaintiff is granted leave to file a Second Amended Complaint within twenty-one (21) days of the date of this Order. If Plaintiff files a Second Amended Complaint, he shall file as an exhibit thereto a redline comparing the Second Amended Complaint to the Amended Complaint.
IT IS SO ORDERED.