United States District Court, D. Columbia.
LEONARD EDWARDS, Plaintiff, Pro se, Washington, DC.
For DISTRICT OF COLUMBIA FIRE AND EMERGENCY MEDICAL SERVICES, DISTRICT OF COLUMBIA GOVERNMENT, Defendants: Joseph Alphonso Gonzalez, LEAD ATTORNEY, OFFICE OF THE ATTORNEY GENERAL, Washington, DC.
Emmet G. Sullivan, United States District Judge.
Plaintiff Leonard Edwards brings this pro se action alleging that his former employer, the District of Columbia Fire and Emergency Medical Services Department (" Department" ), refused his request for a reasonable accommodation of his disability in violation of the Americans with Disabilities Act of 1990 (" ADA" ), 42 U.S.C. § 12101, et seq. , and the Rehabilitation Act, 29 U.S.C. § 794; discriminated against him based on his race in violation of Title VII of the Civil Rights Act of 1964 (" Title VII" ), 42 U.S.C. § 2000e, et seq. ; and retaliated against him in violation of the ADA and Title VII. Pending before the Court is defendants' motion to dismiss plaintiff's failure-to-accommodate and race-discrimination claims. Upon consideration of the motion, the responses and replies thereto, the applicable law, and the entire record, the Court GRANTS IN PART AND DENIES IN PART defendants' motion.
Plaintiff is an African-American male who has type-2 diabetes. See Fifth Am. Compl., Dkt. No. 9 ¶ 2. He was employed by the Department until being terminated from employment on October 13, 2007. Id. ¶ ¶ 3-4. His complaint alleges a series of events in which he feels the Department discriminated and retaliated against him, leading to his termination.
The first such event occurred in early 2007, after Mr. Edwards filed a complaint, the contents of which are unclear, with the Department's Equal Employment Office. Id. ¶ 11. Shortly after Mr. Edwards filed the complaint, a Department officer ordered him to take a fitness-for-duty physical. Id. ¶ 12.
The second event occurred in March 2007, when Mr. Edwards was placed on personal sick leave after being injured on the job. On March 13, 2007, Mr. Edwards sustained a back injury during a Department training event. Id. ¶ 14. He was ordered to report to the Department's clinic on March 23, 2007 for evaluation. See id. ¶ ¶ 15, 18. Upon arriving at the clinic, Mr. Edwards was " ordered to sign a prewritten letter," the contents of which are unclear. Id. ¶ 19. For some reason, this letter prompted plaintiff to file a complaint with the Department's Office of Risk Management, asserting that " his right to choose a physician of his choice had been violated." Id. ¶ 20. Four days after Mr. Edwards filed this complaint, the defendants removed him from performance-of-duty sick leave and placed him on personal sick leave, even though he had no accrued personal sick leave. See id. ¶ ¶ 21-22. Mr. Edwards views his placement on personal sick leave " as retaliation . . . for filing a complaint with Risk Management," id.
¶ 23, and appears to allege that he stopped receiving his salary afterwards. See id. ¶ 41.
The third event occurred two months later, in May 2007. For reasons that are not explained in the complaint, Mr. Edwards appears to have returned to work by May 16, 2007, when he was involved in a car accident while driving a Department vehicle. See id. ¶ 25. After the accident, Mr. Edwards went to the Department's clinic, where he was asked to sign a " Disclosure and Release" form and to take a psychological examination. Id. ¶ ¶ 28-31. He never took the examination because he " repeatedly verbally asked to visit a private psychologist" rather than a Department psychologist, but his requests were denied. Id. ¶ ¶ 34(a), 34(b).
The final allegedly discriminatory and retaliatory event occurred on October 13, 2007, when plaintiff was terminated from employment. Id. ¶ 42. Although he does not explain the circumstances of his termination, Mr. Edwards alleges that the events described in the complaint " were committed by white officers" whose " actions . . . were racially motivated" and that " he was treated differently from ...