DISCUSSION

Starks and Green move to dismiss the complaint against them, arguing that they are not
“employers” within the meaning of the ADA.

The ADA defines “employer” as “a person engaged in an industry affecting commerce who
has 15 or more employees for each working day in each of 20 or more calendar weeks in the current
or preceding calendar year, and any agent of such person.” 42 U.S.C. § 12111(5)(A). “[I]ndividuals
who do not otherwise meet the statutory definition of ‘employer’ cannot be liable under the ADA.”
EEOC vy. AIC Sec. Investigations, Ltd. (“AIC”), 55 F.3d 1276, 1282 (7th Cir. 1995). In AIC, the
Seventh Circuit held that the ADA does not impose individual liability on the agents of an
“employer”. 55 F.3d at 1281. Therefore, Starks and Green’s motion to dismiss Starks and Green
is granted.

CONCLUSION
For the reasons stated herein, Defendants’, Angela Starks and Charles Green’s, Motion to

Dismiss is granted.

IT IS SO ORDERED.

Darrah, Judge
States District Court

\ John

owe Dhan), 2002


aos
‘m. sate Order Forth (06/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge Sitting Judge if Other
or Magistrate Judge John W. Darrah than Assigned Judge
CASE NUMBER 02 C 4344 DATE 10/2/2002
CASE MARILYN S. JONES vs. DEAN ANGELA STARKS
TITLE
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.)
DOCKET ENTRY:
(1) a Filed motion of [ use listing in “Motion” box above.]
(2) Oo Brief in support of motion due
(3) Qa Answer brief to motion due. . Reply to answer briefdue__
(4) oO Ruling/Hearing on set for at
(5) Oo Status hearing[held/continued to] [set for/re-set for] on set for at
(()) oO Pretrial conference[held/continued to] [set for/re-set for] on set for at :
(©) a Trial[set for/re-set for] on at
(8) Qo [Bench/Jury trial] [Hearing] held/continued to at
(9) oO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OFRCP4(m) OLocal Rule 41.1 COFRCP41(a\(1) 0 FRCP41(a)(2).

do) «olf [Other docket entry] Status hearing held and continued to 10/16/02 at 9:00 a.m. Enter

Memorandum Opinion And Order. Defendants’, Angela Starks and Charles Green’s motion to dismiss

is granted. If plaintiff fails to appear at scheduled status, case may be dismissed for want of prosecution.
(1) [For further detail see order attached to the original minute order.]

No notices required.

No notices required, advised in open court.

umber of notices

Notices mailed by judge’s staff.

Notified counsel by telephone.

Docketing to mail notices.

Mail AO 450 form.

Copy to judge/magistrate judge.

courtroom
deputy’s
initials

dockering deputy intals

date mailed notice

Date/time received in
central Clerk's Office

mailing deputy initials



IN THE UNITED STATES DISTRICT COURT OCF 8 202
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

MARILYN S. JONES,
Case No. 02 C 4344
Plaintiff,
Honorable John W. Darrah
Vv.

DEAN ANGELA STARKS;

DR. CHARLES GREEN, President; and
OLIVE HARVEY COMMUNITY
COLLEGE,

OCT 4 ah,

wevevevevevreveyeervv

Defendants.
MEMORANDUM OPINION AND ORDER

Plaintiff, Marilyn S. Jones, filed a single-count complaint against Defendants, Dean Angela
Starks (“Starks”), Dr. Charles Green (“Green”), and Olive Harvey Community College, alleging
violation of the Americans with Disabilities Act, (“ADA”), 42 U.S.C. § 12101 et seg. Starks and
Green have moved, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss the complaint.
For the reasons that follow, Starks and Green’s motion to dismiss is granted.

LEGAL STANDARD

When considering a motion to dismiss, well-pleaded allegations in the complaint are accepted
as true. Turner/Ozanne vy. Hyman/Power, 111 F.3d 1312, 1319 (7th Cir. 1997), Any ambiguities
in the complaint are construed in favor of the plaintiff. Kelly v. Crosfield Catalysts, 135 F.3d 1202,
1205 (7th Cir. 1998). Dismissal is proper only when it appears beyond doubt that Plaintiff can prove
no set of facts to support the allegations in his or her claim. Strasburger v. Board of Education, 143

F.3d 351, 359 (7th Cir. 1998).


“Although the Federal Rules of Civil Procedure do not require a plaintiff ‘to set out in detail
the facts upon which he bases his claim,’. . . he must ‘set out sufficient factual matter to outline the
elements of his cause of action or claim, proof of which is essential to his recovery.”” Benson v.
Cady, 761 F.2d 335, 338 (7th Cir. 1985) (internal citation omitted). A complaint will not avoid
dismissal if it contains “bare legal conclusions” absent facts outlining the basis of the claims.
Perkins y. Silverstein, 939 F.2d 463, 467 (7th Cir. 1991).

BACKGROUND

For the purposes of this motion to dismiss, the following allegations are taken as true.

From September 22, 2000 until April 4, 2001, Plaintiff was employed by Olive Harvey
Community College, where Charles Green is the President and Angela Starks is the Dean. Plaintiff
was one of ten part-time employees in the Counseling Department. Plaintiff held the position of
Program Advisor/Program Assistant/Counselor’s Aide during this time. The other part-time
employees held the position of Counselor/Lecturer. All part-time staff in the Counseling Department
worked on a contractual basis. In January 2001, Plaintiffs contract was renewed for the Spring
semester, January through May 2001. During her employment, Defendants were aware of Plaintiff's
alleged disabilities.

On April 2, 2001, Plaintiff requested to have the morning of April 4, 2001, off due to her
alleged disability. Initially, Plaintiff’s request was granted. However, Plaintiff was called in to work
later that morning. On April 5, 2001, Plaintiff was terminated for taking off two hours due to her
alleged disability. A similarly situated non-disabled employee was allowed to take off three days

on three separate occasions but was not discharged.

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