McCarthy

ORDER RE: MOTION TO DISMISS SECOND AMENDED COMPLAINT

Plaintiff Kian McCarthy, who worked as a letter carrier for 24 years, brings this action against his former employer, the United States Postal Service, arising from the termination of his employment. 1 The Second Amended Complaint (“SAC”) alleges causes of action for disability discrimination, retaliation, failure to accommodate a disability and engage in the interactive process, and impermissible disclosure of confidential medical records, all under the Rehabilitation Act. (Dkt. No. 42 at 9-14. 2 ) Now pending before the Court is Defendant’s motion to dismiss the SAC. (Dkt. No. 44.) After considering the parties’ submissions, and having had the benefit of oral argument on January 26, 2017, the Court DENIES Defendant’s motion.

BACKGROUND

1. Complaint Allegations

The Court discussed the factual background of this case in a previous order and incorporates that discussion here. (See Dkt. No. 25 at 2-4.) However, as this is the first iteration of the pleadings that Plaintiff has filed with the benefit of counsel and the substance of the claims has changed at least in part, the Court reiterates the factual allegations…