The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge
MEMORANDUM OPINION GRANTING THE DEFENDANT'S MOTION TO DISMISS THE PLAINTIFF'S CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT AND THE REHABILITATION ACT
This matter comes before the court on the defendant's*fn1 motion to dismiss the plaintiff's claims of disability discrimination. The plaintiff, a former cadet at the District of Columbia Metropolitan Police Department Institute of Police Science ("IPS"), alleges that the defendant discriminated and retaliated against him in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq.; the Rehabilitation Act, 29 U.S.C. §§ 791 et seq.; and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The court previously denied the defendant's motion to dismiss the plaintiff's Title VII claims. The defendant now moves to dismiss the plaintiff's ADA and Rehabilitation Act claims. Because the allegations in the complaint fail to state a claim under the ADA and the Rehabilitation Act, the court grants the defendant's motion to dismiss those claims.
The plaintiff, an Indian American male, served as a cadet at IPS from September 2004 until September 2006. Compl. ¶¶ 5, 6. He alleges that during a training exercise in November 2004, a trainer pushed him down a hill, causing severe injury to his shoulder. Id. ¶ 6. Following the incident, the plaintiff was placed on sick leave, and then on limited duty, for five months, and his probationary period was extended while he received treatment for his shoulder injury. Id.
The plaintiff alleges that after he returned to IPS, his supervisors gave him only academic assignments supplemented by physical training assignments, trained him with a lower-level class, made sarcastic remarks about his abilities and withheld training necessary for graduation from IPS. Id. ¶ 7. As a result of the repetitious physical training, the plaintiff developed asthma, resulting in his taking an additional one to two months of sick leave. Id. While cadets normally graduate from IPS within six months, the plaintiff failed to graduate after spending two years at the academy. Id. ¶ 8. In September 2006, the defendant issued the plaintiff a letter of termination from IPS. Id. ¶ 9.
The plaintiff commenced this action on May 19, 2008, alleging that the defendant (1) violated Title VII by retaliating against him after he complained that he had been treated in a discriminatory manner, see Compl. ¶¶ 18-22; and (2) violated the ADA and the Rehabilitation Act by subjecting him to disparate treatment and to a hostile work environment based on his disability, failing to accommodate his disability and "retaliating against [him] by terminating his employment because of his disability" or the perception that he was disabled,*fn2 id. ¶¶ 11-17.
The defendant moved to dismiss all of the plaintiff's claims in July 2008. See generally Def.'s Mot. to Dismiss ("Def.'s Mot."). In a memorandum opinion issued in March 2009, the court denied the defendant's motion to dismiss the plaintiff's Title VII retaliation claim. See Mem. Op. (Mar. 27, 2009) at 5-11. The court withheld judgment, however, on the defendant's motion to dismiss the plaintiff's ADA and Rehabilitation Act claims, observing that Congress had recently enacted the ADA Amendments Act of 2008 ("ADAAA"), which altered the scope of protection afforded to individuals under the ADA. See id. at 4-5. Accordingly, the court allowed the parties to submit further briefing on the effect of the ADAAA on the plaintiff's claims of disability discrimination. See id.
With the parties' supplemental briefing on the impact of the ADAAA now complete, see generally Def.'s Supplemental Mem. Supporting Mot. to Dismiss ("Def.'s Supplement"); Pl.'s Supplemental Opp'n to Def.'s Mot. to Dismiss ("Pl.'s Supplement"); Def.'s Reply to Pl.'s Supplement ("Def.'s Supplemental Reply"), the court turns to the applicable legal standards and the parties' arguments.
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