United States Third Circuit

In an employment discrimination case under the Rehabilitation Act, the district court's dismissal of plaintiff's complaint is vacated and remanded where: 1) a 4 year limitation applies to plaintiff's failure-to-transfer claim, and not the general 2 year statute of limitations the district court applied in barring the complaint; 2) plaintiff's complaint need only allege sufficient facts to state a plausible failure-to-transfer claim; 3) plaintiff need only plead that she is an individual with a disability and the district court improperly focused on whether she could prove she was disabled; but 4) the district court did not abuse its discretion in denying an untimely motion for a class action determination.

Appellate Information

• Argued 05/20/2009
• Decided 08/18/2009
• Published 08/18/2009

Judges

• Before:  FUENTES, JORDAN, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gregory G. Paul, Esq. (Argued), Equality at Work, Sewickley, PA, for Appellant.


• For Appellees:
  
• Pamela G. Cochenour, Esq. (Argued), Pietragallo, Gordon, Alfano, Bosick & Raspanti, Pittsburgh, PA, for Appellee.