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Haas v. Lockheed Martin Corp.12/5/2005
Davis, Eyler, James R., Barbera, JJ.
This case requires us to interpret Md. Code (1998 Repl. Vol.), art. 49B, § 42 and the Montgomery County Code § 27-19 (2001) to determine when the statute of limitations begins to run on an employment discrimination claim. Suzanne N. Haas, Ph.D., appellant, filed a complaint on October 22, 2003, in the Circuit Court for Montgomery County, alleging disability discrimination. Lockheed Martin Corporation (Lockheed Martin), appellee and appellant's former employer, responded to the complaint by filing a motion to dismiss. Because the motion to dismiss raised constitutional issues involving the Montgomery County Code, Montgomery County (hereinafter County) filed a motion to intervene on February 4, 2004, as well as a proposed opposition to appellee's motion to dismiss. Appellee filed a response to the County's motion to intervene on February 23, 2004.
The court granted the County's motion to intervene on March 5, 2004, and deemed the County's opposition to appellee's motion to dismiss as filed on that same date. Appellee filed a reply to the County's opposition on March 8, 2004. On March 9, 2004, the trial court conducted a hearing and denied appellee's motion to dismiss. The Order denying the motion to dismiss was entered on March 23, 2004. Discovery commenced and continued until late October 2004.
Appellee filed a Motion for Summary Judgment on November 1, 2004. A motion in opposition to appellee's Motion for Summary Judgment was filed on November 23, 2004, along with a Statement of Material Facts. Appellee filed a reply to appellant's opposition on December 6, 2004. Following a hearing on December 16, 2004, the court granted appellee's Motion for Summary Judgment. On January 10, 2005, appellant filed this timely appeal. Appellant presents the following question for our review, which we rephrase:
Did the trial court err by granting summary judgment to appellee on the grounds that the date of the commencement of the two-year limitations period for discrimination actions begins at the time notice of termination is received, rather than on the date of actual separation from employment?
In support of the above assignment of error, appellant also requests that we consider whether, because other events and dates cited by appellee were non-adverse, they did not rise to the level of actionable discrimination and, as a consequence, the limitations period did not begin to run until she suffered an adverse employment action.
We answer the first question above in the negative. Because we shall hold that the statute of limitations began to run when appellant received notice of her prospective termination, we decline to reach the second issue above. Therefore, we shall affirm the decision of the trial court.
FACTUAL BACKGROUND
Appellant began working for appellee in October 1998 as a program administrator. In April of 2000, appellee created a new business area called "Corporate Shared Services," and a new department within this business area called "Learning Services." The new department was headed by Dr. Candice Phelan. Appellant began working for Dr. Phelan in April or May of 2000.
Sometime prior to being transferred to Learning Services, Amy Lowenstein, appellant's previous supervisor, told Dr. Phelan that appellant had a medical condition. After her transfer to Learning Services, Dr. Phelan allegedly began making comments to appellant concerning her inability to write, to handle jobs that require planning and judgment and to pay attention to detail. According to appellant, notwithstanding Dr. Phelan's comments, she was assigned to work on presentation programs as a presen
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