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Wright v. McHugh

United States District Court, Fifth Circuit

January 17, 2014

LAURA L. WRIGHT, Plaintiff,
v.
JOHN McHUGH, Secretary, Department of the Army, Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S HOSTILE WORK ENVIRONMENT AND REASONABLE ACCOMMODATION CLAIMS

DAVID ALAN EZRA, Senior District Judge.

Before the Court is a Motion to Dismiss filed by Defendant John McHugh, Secretary, Department of the Army ("Defendant"). (Dkt. # 3.) Plaintiff Laura L. Wright ("Plaintiff") did not file a response. The Court held a hearing on Defendant's Motion to Dismiss on January 17, 2014. At the hearing, Anita Anderson, Esq. appeared on behalf of Plaintiff; Robert Shaw-Meadow, Esq. appeared on behalf of Defendant. For the reasons that follow, the Court GRANTS Defendant's Motion to Dismiss (Dkt. # 3).

BACKGROUND

On May 28, 2013, Plaintiff filed the instant action for recovery pursuant to Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. ("Compl., " Dkt. # 1.) Plaintiff claims that Defendant engaged in unlawful discrimination by subjecting her to harassment, hostile work environment, and retaliation on the basis of her age, disability, and sex. (Id. ¶ 8.)

Plaintiff is a former civilian veterinarian for the Department of the Army at Fort Sam Houston in the Army's Anesthesia Support team, Animal Medicine Branch. (Id. ¶ 6.) Plaintiff's duties included the care, treatment and management of laboratory animals and government-owned animals used for training soldiers for emergency and combat medical treatment. (Id. ¶ 9.)

Plaintiff claims to suffer from attention deficit hyperactivity disorder ("ADHD"). (Id. ¶ 6.) Plaintiff does not claim that she was diagnosed with such a disorder, but rather claims that she "meets the diagnostic criterion for ADHD as set out in the Diagnostic and Statistical Manual of Mental Disorders, Edition IV ("DSM-IV"), which provides, in relevant part:

1. Six (or more) of the following symptoms of hyperactivity-impulsivity have persisted for at least six months to a degree that is maladaptive and inconsistent with developmental level:
Hyperactivity
a. Often fidgets with hands or feet or squirms in seat
b. Often leaves seat in classroom or in other situations in which remaining seated is expected
c. Often runs about or climbs excessively in situations in which it is inappropriate (in adolescents or adults, may be limited to subjective feelings of restlessness)
d. Often has difficulty playing or engaging in leisure activities quietly
e. Is often "on the go" or often acts as if "driven by a motor"
f. Often talks excessively
Impulsivity
g. Often blurts out answers before questions have been completed
h. Often has difficulty awaiting turn
i. Often interrupts or intrudes on others (e.g., butts into conversations or games).

(Id.)[1]

During December 2009, Dr. Kristen Rohde, D.V.M., one of Plaintiff's supervisors, allegedly played a joke on Plaintiff concerning her ADHD.[2] (Id. ¶ 14.) Plaintiff complained to Dr. Rohde, but Dr. Rohde allegedly said it was ...


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