In an employment discrimination case under the Rehabilitation Act, the district court's dismissal of plaintiff's complaint is vacated and remanded where: 1) a 4 year limitation applies to plaintiff's failure-to-transfer claim, and not the general 2 year statute of limitations the district court applied in barring the complaint; 2) plaintiff's complaint need only allege sufficient facts to state a plausible failure-to-transfer claim; 3) plaintiff need only plead that she is an individual with a disability and the district court improperly focused on whether she could prove she was disabled; but 4) the district court did not abuse its discretion in denying an untimely motion for a class action determination.
On Appeal from the District Court for the Western District of Pennsylvania (No. 07-cv-00807)
District Judge: Honorable Arthur J. Schwab
Argued May 20, 2009
Opinion Filed August 18, 2009
Counsel for Appellant: Gregory G. Paul, Esq.
Counsel for Appellees: Pamela G. Cochenour, Esq., Pietragallo, Gordon, Alfano, Bosick, and Raspanti.