Armstrong v. Aura Healthcare, LLC

CourtDistrict Court, D. Connecticut
DecidedJanuary 31, 2025
Docket3:24-cv-00723
StatusUnknown

This text of Armstrong v. Aura Healthcare, LLC (Armstrong v. Aura Healthcare, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armstrong v. Aura Healthcare, LLC, (D. Conn. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SHANA ARMSTRONG, Plaintiff,

v. No. 3:24-cv-723 (VAB)

AURA HEALTHCARE, LLC d/b/a MOUNTAINSIDE TREATMENT CENTER, Defendant.

RULING AND ORDER ON MOTION TO DISMISS Shana Armstrong (“Ms. Armstrong” or “Plaintiff”) has sued Aura Healthcare (“Mountainside” or “Defendant”) and alleges unlawful discrimination on the basis of disability (“Count One”) and unlawful retaliation (“Count Two”) both in violation of the American with Disabilities Act (“ADA”), and unlawful discrimination on the basis of disability (“Count Three”) and unlawful retaliation (“Count Four”) both in violation of the Connecticut Fair Employment Practices Act (“CFEPA”). Amended Complaint, ECF No. 18 (Sept. 14, 2024) (“Compl.”). Mountainside has filed a motion to dismiss Ms. Armstrong’s Amended Complaint in its entirety under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Mot. to Dismiss Amd. Compl., ECF. No. 18 (Sept. 27, 2024) (“Mot.”). For the following reasons, the motion to dismiss is GRANTED in part and DENIED in part. Ms. Armstrong’s hostile work environment claims in Count One under the ADA and Count Three under the CFEPA are DISMISSED without prejudice. To the extent that the deficiencies identified in the factual allegations in Ms. Brown’s Amended Complaint can be remedied, she may move for leave to amend the Complaint by February 28, 2025. If no proposed amended pleading is filed by February 28, 2025, or if the motion for leave to amend demonstrates that amending would be futile, the Court will dismiss the hostile work environment claim from Count One and Count Three of Ms. Armstrong’s Amended Complaint with prejudice.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Factual Allegations Ms. Armstrong alleges that, in 2021, she was hired by Mountainside as a Licensed Residential Clinician/Therapist, a position for which she was allegedly qualified. Compl. ¶¶ 11– 13. Ms. Armstrong alleges that although Mountainside’s job posting did not require that applicants be vaccinated for COVID-19, when she was hired, she was asked whether she had received the COVID-19 vaccine. Id. ¶¶ 14, 16. Ms. Armstrong alleges that she told Mountainside that she was not vaccinated and that she had asthma and was worried about reports of people suffering from acute asthma attacks

after receiving the vaccine. Id. ¶¶ 15, 17. Ms. Armstrong alleges that she is disabled and notified Mountainside and multiple co- workers about her asthma and medical conditions and that Mountainside perceived her to be disabled and perceived her asthma to substantially limit her ability to breathe. Id. ¶¶ 22–25. Ms. Armstrong alleges that on or around May 28, 2021, she was having lunch with coworkers and Senior Supervisor Ariana Cardozo and that while at that lunch Ms. Cardozo stated that “people who did not get the vaccine were idiots,” and after that remark Ms. Cardozo turned to Ms. Armstrong and told her, “Oh, I forgot you don’t have it.” Id. ¶¶ 29–32. Ms. Armstrong alleges that she was “humiliated by Cardozo’s disclosure [of her vaccine status] and being called an idiot.” Id. ¶ 37. The next week, Ms. Armstrong alleges that she told her supervisor, Jacqueline Tanner about Ms. Cardozo’s comments. Id. ¶ 38. Ms. Armstrong alleges that she “reasonably perceived

such comment by Cardozo to be disability discrimination as Armstrong’s choice to not get the Covid-19 vaccination was due to her asthma.” Id. Ms. Armstrong alleges that she told Ms. Tanner that she received negative comments from other employees as well. Id. ¶ 39. Ms. Armstrong alleges that Ms. Tanner told her that Ms. Cardozo’s comments were not appropriate and asked Ms. Armstrong if she would like her to speak to Ms. Cardozo about the comments. Id. ¶¶ 41, 42. Ms. Armstrong alleges that she told Ms. Tanner that she did not want her to talk to Ms. Cardozo but did want the incident documented. Id. ¶ 45. Ms. Armstrong alleges that, in November 2021, Director Lisa Westerson laughed at her and called her “hyper verbal,” which she perceived to be offensive. Id. ¶ 51. Ms. Armstrong alleges that she reported Ms. Westerson’s comment and laughter to Ms. Tanner and asked Ms.

Tanner to document her report about Ms. Westerson. Id. ¶¶ 53, 54. Ms. Armstrong alleges that she was in a probationary period for six months in which she met with Ms. Tanner weekly for a supervision session which Ms. Tanner noted and sent to Ms. Armstrong to countersign after their weekly meeting. Id. ¶¶ 46–49. Ms. Armstrong alleges that, at the end of November 2021, she completed her probationary period and at the end of the year Ms. Tanner sent Ms. Armstrong all of her weekly supervision logs as part of her end of year review for his Ms. Armstrong to sign off on. Id. ¶¶ 55, 56, 63. Ms. Armstrong alleges that she found discrepancies in some of the logs and was concerned that none of her reports of Ms. Cardozo or Ms. Westerson’s conduct was included in the logs. Id. ¶¶ 64, 65. Ms. Armstrong alleges that when she told Ms. Tanner that neither of the reports were documented, Ms. Tanner told her that neither report was documented because they spoke about them. Id. ¶ 66. Ms. Armstrong alleges that she signed off on the majority of the supervision logs but asked that Ms. Tanner update the logs to reflect the reports that she had

made. Id. ¶ 67. Ms. Armstrong alleges that while Ms. Tanner updated the logs to reflect that Armstrong made a report about Ms. Cardozo and Ms. Westerson’s conduct the logs did not include accurate information as to the details of the conduct. Id. ¶ 68. Ms. Armstrong alleges that she reviewed the updated logs and asked Ms. Tanner to include the specific language of Ms. Cardozo’s comment. Id. ¶ 69. Ms. Tanner finally updated the logs to include accurate information and in early 2022, Armstrong finally signed off on the updated, accurate logs. Id. ¶¶ 70, 71. Ms. Armstrong alleges that, on January 18, 2022, Ms. Westerson informed her that she was being let go. Id. ¶¶ 72, 74, 78. Ms. Armstrong alleges that when she asked Ms. Westerson why she was being let go, Ms. Westerson told her that Mountainside could let anyone go at any

time, since Connecticut was an at-will state. Id. ¶¶ 78, 79. Ms. Armstrong alleges that Ms. Westerson’s stated reason for her termination is a pretext for disability discrimination and retaliation and that Mountainside made a decision to terminate her after she requested that Ms. Tanner submit accurate supervision logs that documented the disability discrimination that occurred and after she made a documented report of disability discrimination. Id. ¶¶ 82–84. Ms. Armstrong alleges that there is a causal connection between her documented report of discrimination and her termination. Id. ¶ 86. B. Procedural History On April 17, 2024, Ms. Armstrong filed her Complaint in this case. Complaint, ECF No. 1. On August 5, 2024, Mountainside filed its motion to dismiss the Complaint. Mot. to

Dismiss, ECF No. 14. On September 14, 2024, Ms. Armstrong filed her Amended Complaint. Compl. On September 27, 2024, Mountainside filed its motion to dismiss Ms. Armstong’s Amended Complaint. Mot. On October 15, 2024, Ms. Armstrong filed her opposition to Mountainside’s motion to dismiss the Amended Complaint. Opp’n to Mot. to Dismiss, ECF No. 19 (“Opp’n”). On November 8, 2024, Mountainside filed its reply to Ms. Armstrong’s opposition to Mountainside’s motion to dismiss the Amended Complaint. Reply to Opp’n to Mot. to Dismiss, ECF No. 22 (“Reply”). II. STANDARD OF REVIEW

A complaint must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a).

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