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Fehderau v. First National of Nebraska, Inc.

United States District Court, D. Nebraska

May 16, 2019

RYAN ELLIOT FEHDERAU, Plaintiff,
v.
FIRST NATIONAL OF NEBRASKA, INC., d/b/a FIRST NATIONAL BANK OF OMAHA, Defendant.

          MEMORANDUM AND ORDER

          Richard G. Kopf Senior United States District Judge

         Plaintiff, Ryan Elliot Fehderau, filed this case on December 21, 2018, and was granted leave to proceed in forma pauperis on December 31, 2018.[1] The court now conducts an initial review of Plaintiff's Complaint (Filing 1) to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2).

         I. SUMMARY OF COMPLAINT

         Plaintiff claims his former employer, Defendant, First National of Nebraska, Inc., violated the Americans with Disabilities Act (“ADA”), and he seeks to recover damages. Plaintiff's alleged disabling impairment is autism spectrum disorder. His standard form “Complaint for Employment Discrimination” contains a section entitled “Statement of Claim” with checkboxes listing various discriminatory acts. Plaintiff has checked the boxes for “termination of my employment, ” “failure to promote me, ” “failure to accommodate my disability, ” “unequal terms and conditions of my employment, ” and “retaliation.” (Filing 1, p. 4) No. supporting facts are alleged in the Complaint, but Plaintiff has attached a charge of discrimination he filed jointly with the Nebraska Equal Opportunity Commission (“NEOC”) and the federal Equal Employment Opportunity Commission (“EEOC”) on November 21, 2018, which sets out the following particulars:

I was hired on or about July 10, 2017 as a Network Services Administrator.
From the beginning of my employment, I was denied tools and access to programs that would help me complete my job duties. I received access in the spring of 2018. My coworkers were given those tools and access to the programs within weeks of their hire dates.
I experienced harassment from my coworkers by overhearing them talk about my medical conditions.
In or about May 2018, I informed my supervisor of my medical conditions and harassment I was receiving because of my medical conditions. I asked my supervisor if he wanted me to email him with a list of my medical conditions, and he replied he didn't want that in writing. Regardless, my supervisor documented my medical conditions during that meeting. The harassment stopped for a few weeks but started again shortly after.
Starting on or about September 14, 2018, I was not able to work because of my medical conditions. My medical conditions restricted my ability to contact the company about my absences. On or about September 18, 2018, I was admitted to the hospital. On or about September 21, 2018, my sister-in-law spoke with my supervisor and informed him that I was not at work because of a medical condition and that I was in the hospital. On or about September 25, 2018, I was released from the hospital and found an email stating I had been discharged on September 24, 2018. I contacted my supervisor on or about September 26, 2018, and he confirmed that I had been discharged on or about September 27, 2018, Human Resources sent an email stating I had been discharged for missing seven days of work without notification.
Human Resources has continued to mock me in writing because of my medical condition.
I believe I was denied equal terms and conditions, harassed, and discharged because of my disability, record of disability, and/or being regarded as disabled in violation of the Americans with Disabilities Act of 1990, as amended.

(Filing 1, pp. 10-11)

         Also attached to the Complaint is a right-to-sue letter that the EEOC issued on ...


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