Jackson v. Genentech, Inc.

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 CLARENCE JACKSON, CASE NO. 21-cv-05265-YGR

Plaintiff, ORDER GRANTING IN PART AND DENYING

IN PART MOTION TO DISMISS WITH LEAVE

vs. TO AMEND

GENENTECH, INC., Re: Dkt. No. 17 Defendant.

Plaintiff filed this action against defendant on July 8, 2021. (Dkt. No. 1.) Currently pending is defendant’s motion to dismiss and/or strike or, in the alternative, for a more definite statement. (Dkt. No. 17.) Having carefully considered the briefing and arguments submitted on the motion, and for the reasons stated on the record at the September 28, 2021 hearing, the Court GRANTS IN PART AND DENIES IN PART the motion to dismiss. Specifically, the motion is DENIED as to the disability discrimination claim based on a failure to accommodate and the wrongful termination claim. With respect to the failure to accommodate claim, plaintiff is not required to allege discriminatory intent to make out such a claim. See McGary v. City…