Opinion
Civil Action 21-4294-KSM
10-17-2022
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. GEISINGER HEALTH, et al., Defendants.
ORDER
KAREN SPENCER MARSTON, J.
AND NOW, this 17th day of October, 2022, upon consideration of Defendants' Motion to Dismiss (Doc. No. 25), Plaintiff the Equal Employment Opportunity Commission's (“EEOC”) response (Doc. No. 28), the reply and sur-reply (Doc. Nos. 30, 31), following oral argument, and for the reasons set forth in the accompanying Memorandum, it is ORDERED that the motion (Doc. No. 25) is GRANTED in part and DENIED in part.
• Specifically, it is ORDERED that Geisinger Clinic, Geisinger Health Plan, Geisinger Medical Center, and Geisinger Holy Spirit Hospital are DISMISSED as Defendants. It is further ORDERED that Plaintiff's disability discrimination and failure to accommodate claims under Title I of the ADA and retaliation claim under Title V of the ADA are DISMISSED for failure to state a claim. These dismissals are without prejudice and with leave to amend.
• It is further ORDERED that the EEOC has not sufficiently identified a class of aggrieved persons.
• It is further ORDERED that the 300-day rule applies to the EEOC and the EEOC has failed to plead a continuing violation.
• The remainder of Defendants' motion to dismiss is DENIED.
IT IS SO ORDERED.