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Plaintiff George Coleman (“Coleman”) brought this action - page 1 / 6

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Plaintiff George Coleman (“Coleman”) brought this action

alleging violations of the Americans with Disability Act (“ADA”),

the Pennsylvania Human Relations Act (“PHRA”), and Title VII of

the Civil Rights Acts of 1964 and 1991 (“Title VII”) by

Albertson’s,

Inc.

(“Albertson’s”).

Presently

before

the

court

is

Albertson’s motion to dismiss under Federal Rule of Civil

Procedure 12(b)(6) for Coleman’s failure to state a claim.

In 1991, Coleman was hired by Albertson’s to drive, load,

and

unload

trucks.

On

September

29,

2000,

Coleman

was

injured

in

the

course

of

his

employment.

He

was

injured

again

on

January

27, 2001, and temporarily left work while receiving workers’

compensation.

On

November

20,

2001,

Coleman’s

personal

physician, Dr. Randall Smith (“Dr. Smith”) released him to work

with

a

50-pound

lifting

restriction.

Dr.

Richard

Mandel

(“Dr.

Mandell”)

also

examined

Coleman

at

Albertson’s

request.

Based

on

Dr. Mandel’s evaluation, Albertson’s informed Coleman by letter

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