Plaintiff Jeannie M. Urban sued defendant Walmart in the United States District Court for the Eastern District of Missouri raising claims of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), and the Rehabilitation Act of 1973.
Factual Overview
Jeannie Urban, proceeding pro se, initiated this lawsuit against Walmart alleging several employment discrimination claims. Urban’s employment began on March 31, 2020, as a personal shopper in Warrenton, Missouri. Following a leave of absence due to COVID-19, she faced termination due to an alleged miscommunication, leading to her being considered as failing to return from leave. Urban was rehired in June 2022 but went on another leave related to COVID-19, during which she accrued “attendance points” despite the leaves being approved. These points led to her termination. Urban sought to have her employment reinstated, arguing her medical absences were approved, but was instead told by a store manager that she needed to focus on her health. Following a timely charge with the Equal Employment Opportunity Commission (EEOC) and receiving a Notice of Right to Sue, Urban filed the lawsuit, alleging disability discrimination under the ADA and unspecified claims under Title VII and the Rehabilitation Act.
Legal Analysis
Disability Discrimination Based on Termination: Urban’s complaint alleges discrimination based on her termination, failure to accommodate her disability, harassment, and retaliation under the ADA. However, she did not effectively establish her disability as defined by the ADA or demonstrate that she was a “qualified individual” able to perform essential job functions with or without reasonable accommodation. The court found her allegations insufficient for a disability discrimination claim based on termination.
Remaining ADA Claims: The court determined that Urban’s other ADA claims, including failure to accommodate, hostile work environment, and retaliation, were also dismissed due to failure to exhaust administrative remedies or, alternatively, failure to state a claim. These claims were not sufficiently related to the allegations in her EEOC charge.
Title VII and Rehabilitation Act Claims: Urban’s Title VII claim was dismissed due to both failure to exhaust administrative remedies and failure to state a claim, as her EEOC charge solely referenced disability discrimination without implicating Title VII protected classes. Similarly, her Rehabilitation Act claim was dismissed because she did not meet the threshold of being a “qualified individual with a disability” and failed to prove that Walmart was a public entity receiving federal funds. The court ultimately concluded that due to multiple deficiencies in her complaint, it had no choice but to dismiss Urban’s complaint without prejudice.
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