Disability Claims Dismissed for Lack of Employer Knowledge; Racial Discrimination Claims Survive at AFC Urgent Care

The dispute centers on the termination of Kaitlyn Gallant, a white woman with Multiple Sclerosis who worked at an AFC Urgent Care location in Florida. Gallant alleges she was fired after calling out of work on January 17, 2025, due to a flare-up of her condition. She claims that Black female employees in similar roles were allowed to call out without facing termination, suggesting her dismissal was motivated by race rather than attendance policy.

Gallant’s complaint alleged violations of Title VII, the Americans with Disabilities Act (ADA), and the Florida Civil Rights Act (FCRA). Her ADA claims included disability discrimination, failure to accommodate, and retaliation. The FCRA claims mirrored these allegations under state law.

The court held that the defendant’s motion to dismiss the disability and retaliation claims should be granted because Gallant failed to allege that her supervisor knew of her Multiple Sclerosis. The order notes that while Gallant disclosed her condition to a coworker, she did not inform her supervisor when calling out of work. Under Eleventh Circuit precedent, an employer cannot discriminate against an employee for a disability it does not know about.

Similarly, the court dismissed the accommodation claims because Gallant did not allege she requested an accommodation or that her supervisor was aware of her disability. The retaliation claims also failed because a request for time off is not protected activity under the ADA if the employer is unaware of the underlying disability.

However, the court held that Gallant’s racial discrimination claims could proceed. The order ruled that she adequately pleaded disparate treatment by alleging that Black female coworkers in the same positions were permitted to call out of work without penalty. The judge noted that any non-discriminatory reasons for her termination, such as calling out after a shift began (cited by the court as an example of potential evidence), could be raised later in defense or on summary judgment.

The court dismissed the ADA and FCRA claims without prejudice, giving Gallant fourteen days to file a first amended complaint that either omits those counts or addresses the pleading deficiencies identified in the order. The defendant must file an answer within twenty-one days of the amended complaint.