Opinion
Civil Action No. 12-1780
04-10-2013
MARY ELKO COMFORT, Plaintiff, v. PRC ACQUISITION, LLC, d/b/a THE CLUB SPORT & HEALTH, Defendant.
Judge Cathy Bissoon
ORDER
Defendant's Motion to Dismiss (Doc. 7) Counts I and IV of the Complaint will be denied.
For the purposes of Rule 12(b)(6), Plaintiff has alleged sufficient facts in support of her claims of gender discrimination under Title VII. See Compl. at ¶¶ 12-25. Defendant's request for dismissal of Count I, therefore, is denied without prejudice to Defendant's reasserting its arguments on summary judgment.
Plaintiff has expressly disavowed any claim for hostile working environment, see Doc. 10 at 9-10, and she is bound by this representation moving forward.
As to Count IV, Plaintiff is correct that claims under the Equal Pay Act do not require administrative exhaustion. Wormack v. Shinseki, 2010 WL 2650430, *10 (W.D. Pa. Jul. 1, 2010) (citations omitted). Thus, Defendant is not entitled to dismissal of Count IV.
Consistent with the foregoing, Defendant's Motion to Dismiss (Doc. 7) is DENIED.
______________________
Cathy Bissoon
United States District Judge
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