Judge P. Kevin Castel
Dessources’s mother suffered from cancer during her employment by American Conference Institute (ACI) from March 16 to Aug. 1, 2011. Supervisor Horton authorized days off so Dessources could care for her mother. He "repeatedly asked" Dessources about her mother’s condition. ACI terminated Dessources for "poor performance." The court dismissed Dessources’ lawsuit alleging that she was terminated, contrary to the Americans with Disabilities Act (ADA) because her mother had terminal cancer. Her complaint did not plausibly allege "associational discrimination." Despite attempting to advance a "distraction" theory under Larimer v. Int’l Bus. Machines Corp. Dessources’ complaint gave no indication of when her mother was diagnosed or when Dessources brought the diagnosis to defendants’ attention. Nor was Dessources’ claim that Horton’s repeated questioning about her mother’s condition was motivated by his irritation with her absences supported by factual allegations. There was no basis for the court to infer that Dessources’ employment was terminated because of her mother’s disability. Nor did Dessource attempt to bridge the "substantial distance" between Horton’s purported irritation and discriminatory animus.
