Elexia Wiedel sued Brentwood Extended Care & Rehab, LLC and Management Services, Inc. in the United States District Court for the Eastern District of Oklahoma, asserting claims under Title VII, the Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), Oklahoma Anti-Discrimination Act (OADA), and for intentional infliction of emotional distress (IIED). Defendants moved to dismiss all claims under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Factual Overview
Wiedel began working as a certified nursing assistant at Brentwood in May 2019 while visibly pregnant. About five months into her pregnancy, her unborn child was diagnosed with low/slow intrauterine growth rate. On October 24, 2019, her obstetrician placed her on pregnancy restrictions that allowed her to sit down, snack, and/or rest when needed. That same day, Brentwood’s administrator informed Wiedel that Brentwood could not have her on “light-duty” as no such role existed at the facility. When Wiedel asked if she was being terminated, she was told Brentwood could not have her working there while pregnant and instructed her to re-apply after giving birth. Wiedel filed a Charge of Discrimination with the EEOC and Oklahoma Attorney General’s Office on July 29, 2020, and received a Notice of Right to Sue on March 22, 2021. She filed this action on June 11, 2021.
Legal Analysis
Title VII and PDA Claims: The court found Wiedel failed to state a claim because she did not allege that Defendants accommodated others “similar in their ability or inability to work.” Her allegations indicated the contrary – that no light-duty role existed at the facility.
OADA Claims: The court determined it lacked jurisdiction over Wiedel’s OADA claims because she filed her discrimination charge 279 days after her termination, beyond the 180-day statutory deadline.
ADA Claim: The court concluded Wiedel failed to sufficiently allege a disability under the ADA. Her pregnancy-related restrictions did not constitute a disability as they were temporary and minor, and she did not allege how they substantially limited any major life activities.
IIED Claim: The court found the alleged conduct did not rise to the level of “extreme and outrageous” conduct required under Oklahoma law, and Wiedel failed to plead facts showing severe emotional distress.
The court granted the defendants’ motion and dismissed all claims without prejudice, allowing Wiedel fourteen days to file a proper motion for leave to amend Counts 1, 3, or 5.
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