Rebecca Owen v. State of Utah Legislative Services, et al.

CourtDistrict Court, D. Utah
DecidedMarch 31, 2026
Docket2:25-cv-00485
StatusUnknown

This text of Rebecca Owen v. State of Utah Legislative Services, et al. (Rebecca Owen v. State of Utah Legislative Services, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rebecca Owen v. State of Utah Legislative Services, et al., (D. Utah 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

REBECCA OWEN, MEMORANDUM DECISION AND Plaintiff, ORDER GRANTING MOTION TO DISMISS v. 2:25-cv-00485-RJS-CMR STATE OF UTAH LEGISLATIVE SERVICES, et al., District Judge Robert J. Shelby

Defendants. Chief Magistrate Judge Cecilia M. Romero

This case arises out of Defendant State of Utah Legislative Services (LS) terminating Plaintiff Rebecca Owen’s employment. Before the court is Defendants’ Motion to Dismiss.1 On February 26, 2026, the court granted the Motion in part and reserved ruling in part.2 This Order resolves the remainder of the Motion. For the reasons explained below, the Motion is GRANTED in full. FACTUAL BACKGROUND3 From early 2020 to December 2023, Owen worked as a Deputy Human Resources Director for LS.4 Her direct supervisor was Defendant Debbie Cragun.5 Throughout her

1 Dkt. 21, Defendants’ Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief May Be Granted (Motion). 2 Dkt. 40, Minute Entry. 3 The following facts are drawn from the Complaint. See Dkt. 1, Complaint. In reviewing a motion to dismiss, the court accepts all well-pleaded facts as true and views them in the light most favorable to the plaintiff. See, e.g., Beedle v. Wilson, 422 F.3d 1059, 1063 (10th Cir. 2005). 4 Complaint ¶ 13. At all relevant times, the scope of Owen’s responsibility was equivalent to a Deputy Human Resources Director: her initial position was Senior Human Resources Generalist, and in July 2023, her job title changed to Senior Human Resources Consultant. Id. 5 Id. ¶ 14. employment, Owen received uniformly positive feedback regarding her job performance, diligence, professional effectiveness, and the breadth and depth of her expertise.6 Owen has been diagnosed with attention deficit hyperactivity disorder (ADHD).7 In early 2022, Owen disclosed to Cragun that there was a national shortage of her ADHD medications, and Owen was unable to fill her prescription.8 Thereafter, Cragun began treating

Owen differently.9 In May 2022, Cragun scheduled a meeting with Owen to discuss her job performance.10 Most of the feedback was exceptionally positive, except for a few complaints directly related to Owen’s ADHD.11 The complaints were inconsequential to the quality and comprehensiveness of Owen’s work.12 Cragun refused to accept the explanations that Owen proffered during the meeting.13 Nonetheless, a few weeks later, Owen received a written annual performance review from Cragun that was not overly negative.14 Shortly thereafter, Owen received the maximum merit-based salary increase available.15 Over the next 12 months, Cragun sought out opportunities to criticize Owen for traits

related to her disability, such as time management, general organizational skills, attention to

6 Id. ¶ 15. 7 Id. ¶¶ 16, 18. 8 Id. ¶ 18. 9 Id. ¶ 19. 10 Id. ¶ 20. 11 Id. 12 Id. 13 Id. 14 Id. ¶ 21 (alleging the performance review was “not at all reflective of Plaintiff’s ongoing and consistent high- caliber job-performance” but was also “not overly negative”). 15 Id. detail, and brevity in oral and written communication.16 Cragun’s private criticism was accusatory, overly critical, and aggressive.17 And when Cragun criticized Owen in front of her coworkers, it was delivered as a joke at Owen’s expense.18 During Owen’s job performance meeting in May 2023, Cragun raised many of the same complaints that were discussed during the May 2022 meeting.19 Owen reminded Cragun of her

ADHD diagnosis and her inability to take her prescribed medication due to the national shortage.20 Owen explained the medication shortage was the reason certain personal traits were becoming more noticeable and emphasized that those traits only related to the manner of her work, not the quality.21 In June 2023, Owen met with Defendant ADA Coordinator Lee A. Killian to discuss her intention to submit a reasonable accommodation request and seek clarification on the essential functions of her job.22 Owen told Killian that if time management, communication style, or attention to minute detail were essential functions of her job, Owen intended to seek specific examples of and training for these skills as a reasonable accommodation; and if these were not

essential functions, she intended to request that Cragun stop criticizing and harassing her about these skills as a reasonable accommodation.23 Killian appeared to not understand her responsibility as ADA Coordinator to assist Owen in clarifying the essential functions of her

16 Id. ¶ 22. 17 Id. 18 Id. 19 Id. ¶ 25; see also id. ¶ 20. 20 Id. ¶ 25. 21 Id. 22 Id. ¶¶ 31, 33, 35. 23 Id. ¶ 36. job.24 The meeting became awkward, and Owen ended it by telling Killian that she would seek her medical provider’s input on the matter at an upcoming appointment.25 Ultimately, Owen never submitted a request for accommodation.26 During Owen’s annual performance review in June 2023, Cragun was hostile, demeaning, and humiliating.27 The review did not accurately reflect Owen’s superior job

performance.28 Between July and December 2023, Cragun systematically removed Owen’s job responsibilities and reassigned them to younger, less qualified staff members.29 On November 13, 2023, another LS manager (DF) notified Owen that one of DF’s subordinates (JM) had submitted a reasonable accommodation request.30 Over the next ten days, Owen conducted a reasonable accommodation process with JM.31 Owen determined a 6-week accommodation allowing JM to work remotely part-time was reasonable and appropriate.32 JM was relieved and grateful for this accommodation.33

24 Id. ¶ 37. 25 Id. 26 See id. ¶ 40. 27 Id. ¶ 28. 28 Id. ¶ 30. 29 Id. ¶ 41. 30 Id. ¶ 42. 31 Id. ¶ 45. 32 Id. Specifically, JM would work onsite three days each workweek and offsite the other two days, beginning December 4, 2023, and concluding just before the 2024 legislative session began. Id. 33 Id. On December 1, 2023, Owen requested a meeting with DF to discuss JM’s accommodation.34 DF declined the meeting and informed Owen he was displeased that she had discussed the accommodation with JM prior to receiving DF’s approval.35 On December 4, 2023, Owen attended a meeting with Cragun and Killian to discuss the sequence of events related to JM’s request.36 Owen detailed the steps she had taken, and Cragun

and Killian did not express any disagreement or concern.37 Later that day, Cragun, Killian, and Owen met with DF.38 DF vehemently opposed giving JM any accommodation, and, to Owen’s surprise, Cragun and Killian agreed.39 On December 14, 2023, Owen received a request from Cragun to meet with HR the next morning.40 Cragun also invited Killian; Defendant John Q. Cannon, the Director of the Office of Legislative Research & General Counsel (OLRGC); and Defendant Victoria Ashby, the Legislative General Counsel of OLRGC, to attend.41 Based on the invitation list, Owen concluded the meeting was to terminate her employment.42 Owen responded that she assumed the purpose was to terminate her employment and asked for a time to return property to LS and retrieve her belongings from the office.43

34 Id. ¶ 46. 35 Id. 36 Id. ¶ 47. 37 Id. 38 Id. ¶ 48. 39 Id. 40 Id. ¶ 49. 41 Id. 42 Id. 43 Id. On December 16, 2023, Cragun confirmed the termination was effective December 15, 2023.44 Cragun explained the termination was due to Owen’s failure to follow internal ADA policy in the JM matter.45 While Owen was unaware of such policy, she believes she was fully compliant and the stated reason was pretextual.46

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Rebecca Owen v. State of Utah Legislative Services, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/rebecca-owen-v-state-of-utah-legislative-services-et-al-utd-2026.