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Alexander v. Uip Property Management

United States District Court, D. Maryland

March 30, 2015

TIFFANY ALEXANDER
v.
UIP PROPERTY MANAGEMENT

MEMORANDUM OPINION

DeBORAH K. CHASANOW, District Judge.

Presently pending and ready for resolution in this disability discrimination case is Defendant's motion to dismiss the amended complaint. The issues have been fully briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, the motion will be denied.

I. Background

In her amended complaint, Plaintiff Tiffany Alexander asserts that Defendant UIP Property Management, Inc. ("UIP" or "Defendant") violated her rights under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101, et seq., and the Family Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601, et seq. Plaintiff, who suffers from hyperthyroidism and Graves' Disease, was employed as an assistant property manager for UIP from January 6, 2011 until her termination on or about December 29, 2012. (ECF No. 12-1 ¶¶ 18-19, 24). Between October 2012 and her termination, Plaintiff informed her supervisor, Katrina Crews, of her "thyroid issues" that required ongoing medical treatment for the next two to three years. ( Id. ¶ 29). Plaintiff tried to schedule her appointments on days off from work, but informed her supervisor that she might need to take several hours off from work every few weeks. ( Id. ¶ 30). Plaintiff's requests for time off for medical appointments in October, November, and December were approved. ( Id. ¶¶ 32-33).

Plaintiff alleges that on December 29, 2012, Ms. Crews told her that effective December 31, 2012, her position was being eliminated due to budget cuts. The amended complaint alleges:

35. That same day, [the supervisor] instructed other individuals present to exit the office where Ms. Alexander was located, leaving [the supervisor] and Ms. Alexander alone.
36. [The supervisor] then locked the office, barring the only exit from the room.
37. Ms. Alexander did not consent to be held in a locked office with [the supervisor.]
38. [The supervisor] then handed Ms. Alexander a Separation Agreement and General Release ("Agreement") in the Columbia Heights location's office.
39. Ms. Alexander took no part in drafting the Agreement.
40. [The supervisor] held out a pen and told Ms. Alexander that she had to sign the Agreement to receive a severance payment.
41. Ms. Alexander was not told that she could consult counsel before signing the Agreement and still receive the severance payment.
42. Ms. Alexander was not given any time to read the Agreement. In fact, while she attempted to read the document she had just been given, [the supervisor] distracted Ms. Alexander by explaining to her that she was being terminated due to budget cuts, ...

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