United States District Court, E.D. Virginia, Richmond Division
WILLIAM F. SMITH, JR., Plaintiff,
AMAZON.COM.KYDC, LLC, Defendant.
Hannah Lauck Judge.
matter comes before the Court on Defendant
Amazon.com.kydc's ("Amazon") Motion to
Dismiss. (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.
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").
March 15, 2018, Amazon removed the case to this Court
pursuant to 28 U.S.C. § 1441. Amazon thereafter moved to
dismiss Smith's complaint for failure to state a claim.
(Def. Mot. to Dismiss 1, ECF No. 2.)
charge of discrimination with the EEOC, Smith alleged the
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
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
(Charge of Discrimination 5.)
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 by not granting him a fair trial or
hearing to contest the termination of his employment.