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aAUb305X8E3

aAUb305X8E3

Case 2:16-cv-00225-CB Document 48 Filed 11/04/16 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA U.S. EQUAL EMPLOYMENT ) OPPORTUNITY COMMISSION, ) ) Plaintiff, ) Civil Action No. 16-225 ) v. ) Judge Cathy Bissoon ) SCOTT MEDICAL HEALTH CENTER, ) P.C., ) ) Defendant. ) MEMORANDUM ORDER The United States Equal Employment Opportunity Commission (“the EEOC” or “the Commission”) brings this action pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”) on behalf of Dale Baxley, a gay male employed and allegedly constructively discharged by Scott Medical Health Center, P.C., (“Defendant”), due to an allegedly sexually hostile work environment perpetuated by Defendant’s telemarking manager, Robert McClendon. See generally, Compl. (Doc. 1). Defendant moves to dismiss Plaintiff’s Complaint on two grounds -- first, that pursuant to Federal Rule of Civil Procedure 12(b)(1), the “Court lacks jurisdiction to hear this matter due to Plaintiff’s failure to comply with the procedural requirements of Title VII,” (Def’s Mot. (Doc. 11) at 2), and second, that pursuant to Federal Rule of Civil Procedure 12(b)(6), Plaintiff has failed to establish a claim on which relief can be granted because, Defendant argues, Title VII does not protect discrimination on the basis of sexual orientation. Id. at 10. For the reasons below, Defendant’s Motion to Dismiss will be denied.

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