903 F. Supp. 2d 342
D. Maryland2012Background
- NBRS Financial Bank employed Byington from 1981 to 2009; she was a primary caregiver to her disabled son and received favorable evaluations, raises, and extensive leave.
- Byington was terminated on February 27, 2009 for alleged check-kiting; she disputes the allegation as pretext for discrimination.
- EEOC charged Byington on June 25, 2009 alleging retaliation and disability; she received a Right to Sue letter on December 7, 2011 and filed suit February 6, 2012, removed March 6, 2012.
- Complaint asserts Title VII, ADEA, ADA, FMLA, IIED, false light, and defamation; proceeding on some ADA/ FMLA claims after partial dismissal proposed.
- Five harassment/discrimination incidents are pleaded: 2001 transfer to Havre de Grace; 2006 denial of assistant branch manager; 2008 accusation of improper disclosure; 2008–2009 FMLA/ADA discipline; broad termination-related discrimination claims.
- Court grants NBRS’s motion; most claims are dismissed; only ADA discrimination from August 2008–February 2009 and FMLA proceed to discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion for ADEA and pre-Aug 2008 ADA claims | Byington's charge reasonably related to ADEA and ADA claims | ADEA/pre-Aug 2008 ADA claims exceed charge scope; not exhausted | ADEA and pre-Aug 2008 ADA claims dismissed |
| Exhaustion for ADA hostile work environment | Comprehensive investigation would cover hostile environment | Charge lacks specifics; not exhausted | ADA hostile environment claim dismissed for lack of exhaustion |
| State a plausible IIED claim | Discrimination/harassment alleged constitutes IIED | IIED requires outrageous conduct; not met | IIED claim dismissed |
| State a plausible false light claim | Publication to employers places her in false light | Publication to a small group insufficient for false light | False light claim dismissed |
| State a plausible defamation claim | Self-publication theory compels disclosure defaming her | Maryland would not recognize self-publication; no third-party publication | Defamation claim dismissed |
Key Cases Cited
- Chacho v. Patuxent Inst., 429 F.3d 505 (4th Cir. 2005) (exhaustion scope governs ADEA/ADA claims)
- Jones v. Calvert Grp., Ltd., 551 F.3d 297 (4th Cir. 2009) (scope of charge governs exhaustion; related claims may be included)
- Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (discrete acts outside 300-day limit barred; hostile environment has different timing)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (U.S. 1993) (for IIED, conduct must be extreme/outrageous)
- De Leon v. Saint Joseph Hosp., Inc., 871 F.2d 1229 (4th Cir. 1989) (self-publication defamation theory not adopted in Maryland)
- Bagwell v. Peninsula Reg’l Med. Ctr., 106 Md.App. 470 (Md.Ct.Spec.App. 1995) (Maryland tort standards; outrageous conduct context)