Dawson v. Delta Air Lines, Inc.

Filing 35

MEMORANDUM OPINION re Motion to Dismiss. Signed by District Judge Leonie M. Brinkema on 10/26/18. Copy sent to pro se plaintiff by chambers.(klau, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

JENNIFER SUZANNE DAWSON,
Plaintiff,

l:18-cv-00240(LMB/MSN)
DELTA AIR LINES,INC.,
Defendant.
MEMORANDUM OPINION

Before the Court is defendant Delta Air Lines, Inc.'s Motion to Dismiss [Dkt. No. 20]to

which plaintiff, with the assistance of counsel, has replied. Dkt. No. 24. For the reasons that
follow,the defendant's Motion to Dismiss will be granted.
I. BACKGROUND

Initially proceeding pro se. plaintiff Jennifer Suzanne Dawson("Dawson" or "plaintiff)
first filed a Complaint for Employment Discrimination [Dkt. No. 1] on March 5,2018, alleging
that defendant Delta Air Lines, Inc.("Delta" or "defendant")failed to promote her and subjected

her to unequal treatment based on her gender and mental disability in violation Title VII of the
Civil Rights Act of 1964("Title VII"),42 U.S.C. § 2000e et sea., and the Americans with
Disabilities Act of 1990("ADA"),42 U.S.C. § 12112 et sea. Dkt. No. 1-1 at 1-2. She also stated
that, according to her "best recollection," she filed a charge with the Equal Employment

Opportunity Commission("EEOC")on November 1,2017. Dkt. No. 1 at 5. For relief, she
sought $750,000 in damages and "retiree status to include lifetime flight benefits." Id at 6. On
July 23,2018,Dawson filed an Amended Complaint("Compl.")[Dkt. No. 17], again alleging
Title VII and ADA violations, including claims offailure to promote and unequal conditions of