9830057, DeRosa v. Rosen, Order Regarding Motion to Dismiss
CHRO No. 9830057
Commission on Human Rights and Opportunities, ex rel.
Barbara G. DeRosa, Complainant
Dr. Fredric Rosen, DDS, Respondent
August 17, 1999
ORDER REGARDING MOTION TO DISMISS
The Respondent, Fredric L. Rosen, D.D.S’s Motion To Dismiss dated August 3, 1999 is hereby GRANTED as to the Complainant’s claims pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., absent any objections thereto from the Complainant or the Commission Counsel, for the following reasons:
- Construing the facts in the Amended Complaint dated July 26, 1999 (the "Amended Complaint") in a light most favorable to the Complainant (See Mahoney v. Lensink, 213 Conn. 548, 567, 569 A.2d 518 (1990)), the Amended Complaint alleges that Respondent employs five people (¶ 3). As the ADA applies to employers with 15 or more employees, and the ADEA covers employers with 20 or more employees, the Complainant’s claims pursuant to the ADA and the ADEA are hereby dismissed.
- The Respondent’s Motion to Dismiss the Complainant’s claims pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., is hereby DENIED as Title VII is no longer alleged in the Amended Complaint.
It is so ordered, this 17th day of August, 1999.
Hon. Lisa B. Giliberto
Presiding Human Rights Referee
Cc: George F. Martelon, Jr., Esq.
Cheryl A. Sharp, Assistant Commission Counsel II
Stephen J. Courtney, Esq.
Raymond P. Pech, Deputy Commission Counsel