United States District Court, E.D. Michigan, Southern Division
Steven Whalen, U.S. Magistrate Judge.
ORDER DENYING DEFENDANT'S MOTION FOR PARTIAL
J. Tarnow, Senior United States District Judge.
the Court is Defendant Wayne State University's Motion
for Partial Dismissal Pursuant to Fed.R.Civ.P. 12(c) 
filed on November 13, 2018. The Motion is fully briefed. The
Court held a hearing on the Motion on June 10, 2019.
reasons explained below, the Court DENIES
Defendant's Motion for Partial Dismissal .
and Procedural Background
August 1, 2011, Defendant Wayne State University
(“WSU”) hired Plaintiff Samantha Steckloff as a
Student Service Center Specialist. In September 2013, WSU
promoted Steckloff to Enrollment Management Coordinator.
9, 2015, Steckloff was diagnosed with breast cancer for which
she underwent a double mastectomy. WSU authorized Steckloff
to take a period of leave in accordance with the Family and
Medical Leave Act (“FMLA”). She returned to work
on August 20, 2015.
September 1, 2015, Steckloff asked her supervisor at the
time, LaJoyce Brown, for approval to occasionally work from
home while she received chemotherapy treatments. Brown denied
early February 2016, Steckloff had a second surgery which
required her to take some time off. On February 22, 2016, she
returned to work under the supervision of the Director of
Undergraduate Admissions, Erica Jackson. She asked Jackson
about the possibility of working from home when she felt sick
from chemotherapy, but, like Brown, Jackson denied her
request. Although she was denied approval to work from home,
Steckloff continued to receive intermittent FMLA leave for
the remainder of the calendar year.
the frequency of Steckloff's absences, WSU notified her
that she would need to use her sick-bank hours, which were
unpaid, before should could use her paid vacation hours. In
effect, this would reduce Steckloff's salary by the
number of sick bank hours she used to cover her absences. In
February 2017, Steckloff started to feel the consequences of
this policy when she began to receive a significant pay-cut.
2017, Steckloff again asked Jackson if she could work from
home when she felt ill. Both Jackson and an HR representative
told Steckloff that she was ineligible. This prompted her to
file a complaint with the Equal Employment Opportunity
Commission (“EEOC”) on June 29, 2017.
August 2017, Steckloff was admitted to the hospital for two
weeks. She returned to work on September 15, 2017. On October
4, 2017, she was fired for excessive absenteeism.
October 2, 2018, Steckloff, through counsel, commenced this
action in Wayne County Circuit Court. On October 18, 2018,
WSU removed the action to this Court. She alleges a claim
under § 504 of the Rehabilitation Act (Count I) and
state law claims for disparate treatment, retaliation, and
failure to accommodate under the Persons with Disabilities
Civil Rights Act (“PWDCRA”) (Counts II-IV).
November 13, 2018, WSU filed this Motion for Partial
Dismissal  pursuant to Fed.R.Civ.P. 12(c). Steckloff filed
a Response  on December 4, 2018. WSU filed a Reply  on
December 17, ...