NIA LUCAS; A.M., II, a minor, by and though his Guardian ad Litem, Nia Lucas, v. VHC Health, d/b/a Virginia Hospital Center, et al.

Alexandria, Virginia civil rights lawyer represented the Plaintiff who claimed she was discriminated against.



Nia Lucas pled discrimination and retaliation claims in her complaint against Virginia Health Corporation ("VHC”) under the Affordable Care Act ("ACA”). As described below, Lucas has not alleged any facts permitting an inference that she was denied treatment because of her disabilities. Thus, she failed to plead facts that, if true, would show disability discrimination. As for her race discrimination claim, however, Lucas alleged that a VHC doctor told her she did not treat "Blacks” and that she was not treated for her medical complaints. J.A. 20. Lucas also alleged that despite complaining about this racial discrimination to higher-ups at VHC, no one remedied her lack of treatment. These allegations, if true, would plausibly state a claim for racial discrimination. Further, because the ACA incorporates grounds for discrimination from other statutes that ban retaliation, we hold that it too permits retaliation claims, and that Lucas' retaliation claim was adequately pled.

Dismissal reversed.