Opinion
No. 02 C 50370.
March 13, 2003
MEMORANDUM OPINION AND ORDER
Plaintiff, U.S. Equal Employment Opportunity Commission ("EEOC"), brings this action seeking relief under the Americans with Disabilities Act ("ADA") to correct unlawful employment practices of defendant, Renaissance Roofing, Inc. ("Renaissance"). This action results from a charge against Renaissance filed with the EEOC by Kenneth Burton. Jurisdiction is proper under 28 U.S.C. § 1331. Renaissance moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted.
A 12(b)(6) motion is granted only when, taking all well-pleaded factual allegations in the complaint as true and drawing all reasonable inferences in favor of plaintiff, no set of facts could be proved entitling plaintiff to relief. See American United Logistics, Inc. v. Catellus Development Corp., No. 01-1711, 2003 WL 291890, * 3 (7th Cir. Feb.12, 2003). Renaissance argues the complaint is insufficient because "it does not allege that Burton's purported disability substantially limits one or more of his major life activities." (Def. Memo. p. 4) The complaint alleges in its preamble that Burton was "a qualified individual with a disability, mild mental retardation. . . ." (Compl. p. 1.) It further alleges Burton was subjected to harassment and discharged and not recalled on account of his disability. (Id. ¶ 8) These allegations are sufficient to state a claim. Federal pleading requirements must "simply give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002) quoting, Conley v. Gibson, 355 U.S. 41, 47 (1957). The complaint is clear that the claim is that Burton was harassed, discharged and not recalled because of his mental retardation. If Renaissance believes it is essential to know what major life activity is substantially impaired by Burton's retardation in order to file an answer, it can seek a more definite statement under Fed.R.Civ.P. 12(e).See Id. at 514. If Renaissance believes this claim lacks merit, summary judgment is the means to address unmeritorious claims. Id.
Because the complaint gives Renaissance fair notice of the claim against it, Renaissance's motion to dismiss is denied.