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Smith v. Amazon.Com.Kydc, LLC

United States District Court, E.D. Virginia, Richmond Division

June 15, 2018

WILLIAM F. SMITH, JR., Plaintiff,
v.
AMAZON.COM.KYDC, LLC, Defendant.

          MEMORANDUM OPINION

          M. Hannah Lauck Judge.

         This matter comes before the Court on Defendant Amazon.com.kydc's ("Amazon") Motion to Dismiss.[1] (ECF No. 2.) Plaintiff William F. Smith, proceeding pro se, responded, and Amazon replied. (ECF Nos. 7, 8.) Accordingly, this matter is ripe for disposition. The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid the decisional process. This Court exercises jurisdiction pursuant to 28 U.S.C. § 1331 ? For the reasons that follow, the Court will grant the Motion to Dismiss.

         I. Background

         A. Procedural Background

         On December 27, 2016, Smith filed a charge of discrimination based on disability against Amazon with the Equal Employment Opportunity Commission ("EEOC"). Smith asserted that Amazon "suspended and discharged [him] because of [his] disability." (Charge of Discrimination 5, ECF No. 1-1.) Upon investigation, the EEOC concluded that the information Smith provided did not establish any violations of the statute. In the Dismissal and Notice of Rights, issued on December 30, 2016, the EEOC granted Smith the right to sue Amazon under federal law, provided that Smith filed his lawsuit within 90 days of receiving the letter. On June 1, 2017, 152 days later, Smith filed a civil action for wrongful termination in the Circuit Court of Chesterfield County (the "Chesterfield Circuit Court").

         On March 15, 2018, Amazon removed the case to this Court pursuant to 28 U.S.C. § 1441.[3] Amazon thereafter moved to dismiss Smith's complaint for failure to state a claim. (Def. Mot. to Dismiss 1, ECF No. 2.)

         B. Factual Background

         In his charge of discrimination with the EEOC, Smith alleged the following facts:

I was hired by [Amazon] on or about July 23, 2015, as a Packer. On or about December 8, 2016, 1 was informed my employment was suspended pending an investigation. During the investigation I cooperated and after my investigator asked if I had any medical conditions, I disclosed a disability. On December 13, 2016, my employment was terminated.
I was informed the suspension and termination were due to accusations of workplace violence. I deny any wrongdoing of workplace violence.
I believe that [Amazon] asked prohibited medical questions, suspended and discharged me because of my disability, in violation of the Americans with Disabilities Act of 1990, as amended.

(Charge of Discrimination 5.)

         In the Bill of Particulars Smith filed with the State Court, Smith restates his belief that Amazon violated the ADA by requesting him to disclose information about any health conditions arising during employment. Smith also alleges that Amazon violated the Sixth Amendment to the United States Constitution[4] by not granting him a fair trial or hearing to contest the termination of his employment.

         II. ...


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