Background
Philip Koch appealed the district court’s dismissal of his employment action for failure to state a claim. Koch claimed discrimination and retaliation in violation of the Americans with Disabilities Act, alleging that his employer, California Water Service Company, applied a COVID-19 policy to all employees in a manner that affected him.
The court’s reasoning
The court applied de novo review to the dismissal under Federal Rule of Civil Procedure twelve comma six. To survive a motion to dismiss, a complaint must plead sufficient factual matter accepted as true to state a claim to relief that is plausible on its face. The court found that Koch failed to sufficiently allege facts or a cognizable theory under the ADA that the employer regarded him as having a disability, had a record that he had such a disability, or retaliated against him because of a protected activity. The court concluded that Koch’s allegations did not plausibly support the inference that he was entitled to relief for discrimination or retaliation under the ADA.
What it means going forward
The decision affirms the dismissal of ADA employment claims where the complaint lacks sufficient factual allegations to plausibly suggest discrimination or retaliation.