Pollard v. Baltimore County Board of Education, 65 F. Supp. 3d 449

Jakie Pollard, an African American teacher in Baltimore County Public Schools since 1999, took sick leave on November 12, 2011 and never returned to work.
Pollard alleges race, age, and disability discrimination and constructive termination by school officials, and claims the Board forced her into retirement; she filed suit under Title VII, the ADEA, and the ADA.
While on leave, BCPS requested an independent medical exam; Pollard did not attend. She later submitted a retirement application effective July 1, 2012 and received retirement pay/benefits.
Pollard never requested workplace accommodations from supervisors, did not identify her medical diagnosis (avascular necrosis) until after retirement, and admitted she never asked for handicap parking or reassignment for reduced walking.
The Board presented evidence it took no adverse employment action (no pay/benefit reduction, discipline, reassignment, or negative evaluation) and that Pollard resigned/retired voluntarily after months on leave.
Pollard opposed summary judgment with a brief affidavit and conclusory statements but provided no detailed evidence of discriminatory intent, intolerable working conditions, or a request for accommodation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Pollard suffered an adverse employment action under Title VII/ADEA	Pollard contends she was constructively terminated and forced into retirement due to discrimination	Board argues it took no adverse action; Pollard voluntarily left and received full pay/benefits	Court: No adverse employment action shown; summary judgment for Board
Whether working conditions were intolerable to show constructive discharge	Pollard asserts harassment and degradation made conditions intolerable	Board shows only supervisory criticism and no deliberate effort to force her out	Court: Conditions were not objectively intolerable; no constructive discharge
Whether Board had notice of disability for ADA failure-to-accommodate claim	Pollard asserts Board was put on notice and refused accommodations	Board shows Pollard never requested accommodations or informed supervisors of disability	Court: No notice or request; ADA claim fails as a matter of law
Whether evidence raised genuine factual disputes to avoid summary judgment	Pollard relied on conclusory affidavit and pleading allegations	Board produced affidavits, records of retirement processing, and deposition admissions by Pollard	Court: Plaintiff did not present admissible, specific facts to create a genuine dispute; summary judgment granted

Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard and materiality)
James v. Booz-Allen & Hamilton, Inc., 368 F.3d 371 (adverse employment action requirement in discrimination claims)
Freeman v. Dal-Tile Corp., 750 F.3d 413 (standard for constructive discharge)
Wilson v. Dollar Gen. Corp., 717 F.3d 337 (employee notice requirement for ADA accommodations)
Boone v. Goldin, 178 F.3d 253 (reassignment and adverse action analysis)
Honor v. Booz-Allen & Hamilton, Inc., 383 F.3d 180 (elements of constructive discharge)
Celotex Corp. v. Catrett, 477 U.S. 317 (evidence required to oppose summary judgment)
Bouchat v. Baltimore Ravens Football Club, Inc., 346 F.3d 514 (opposing summary judgment must set forth specific facts)