Melendrez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Claudia MELENDREZ, Case No.: 22-cv-1725-AGS-DDL Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

v.

MOTION TO DISMISS (ECF 4)

ALL KIDS ACADEMY, et al., Defendants. 8 Plaintiff sued her employer for discrimination, harassment, retaliation, and related claims. The employer moves to dismiss. BACKGROUND1 Since 2009, plaintiff Claudia Melendrez has worked as a “floater teacher” for defendant All Kids Academy. (ECF 1-3, at 4.) For over a decade, All Kids was aware that Melendrez has “partial hearing loss and difficulty hearing faint sounds.” (Id.) According to Melendrez, this condition never affected her performance, and it only became an issue after she reported misconduct by another teacher. (See id. at 4–5.) Specifically, on February 17, 2022, Melendrez observed and promptly reported that a primary teacher “put[] her foot on a child’s neck.” (ECF 1-3, at 4.) Due to this incident, 19 …