Background
Daniel Lonergan, an attorney with Attention Deficit Hyperactivity Disorder, worked for Gallagher Sharp, LLP. After requesting modifications to job requirements to accommodate his disability, the firm denied the requests and eventually terminated his employment. Lonergan filed a lawsuit claiming violations of the Americans with Disabilities Act and Ohio law for failure to accommodate and failure to engage in the interactive process. The district court granted judgment on the pleadings for the defendant, holding that the complaint lacked factual allegations describing the specific accommodations requested and failed to plead that Lonergan was a qualified individual. The district court also denied a request to amend the complaint.
The court’s reasoning
The Court of Appeals reviewed the dismissal de novo, accepting all well-pleaded material allegations as true but rejecting legal conclusions. The Court held that Federal Rule of Civil Procedure eight requires a short and plain statement showing entitlement to relief, which includes direct or inferential allegations respecting all material elements under a viable legal theory. The complaint failed to allege specific facts regarding the accommodations Lonergan proposed, as these details appeared only in briefing rather than the complaint itself. Without specific factual allegations, the complaint did not plausibly suggest Lonergan was a qualified individual who could perform essential job functions with a reasonable accommodation. The Court also noted that the plaintiff forfeited any challenge to the reconsideration order by addressing only the initial dismissal order on appeal.
A complaint must contain direct or inferential allegations respecting all the material elements under some viable legal theory.
Hindel v. Husted, 875 F.3d 344, 346-347 (6th Cir. 2017)
What it means going forward
Employers and courts may require plaintiffs in disability discrimination cases to plead specific factual details regarding proposed accommodations in their initial complaints to survive dismissal.
Podcast (federal-narrative-summaries): Play in new window | Download