Brandon v. Molesworth

• Decision Date: 01 September 1994
• Docket Number: No. 791,791
• Parties: , 67 Fair Empl.Prac.Cas. (BNA) 891, 11 IER Cases 948 Randall BRANDON, D.V.M., P.A., et al. v. Linda C. MOLESWORTH
• Court: Court of Special Appeals of Maryland

Page 167

104 Md.App. 167

655 A.2d 1292, 67 Fair Empl.Prac.Cas. (BNA) 891,

11 IER Cases 948

Randall BRANDON, D.V.M., P.A., et al. v. Linda C. MOLESWORTH.

No. 791 Sept. Term, 1994.

Court of Special Appeals of Maryland.

March 29, 1995.

E. Alexander Adams (Betty Smith Adams and Adams & Adams, on the brief), Ellicott City, for appellants.

Alan Hilliard Legum of Annapolis, for appellee.

Argued Before WILNER, C.J., and CATHELL and HOLLANDER, JJ.

HOLLANDER, Judge.

Based on a claim of sexual discrimination, Linda Molesworth, D.V.M., appellee, filed suit in the Circuit Court for Anne Arundel County, alleging common law wrongful discharge by her former employers, Dr. Randall Brandon and Randall Brandon, D.V.M., P.A., appellants. ¹ On September 13, 1993, a jury awarded Molesworth $39,189 in damages. From that judgment, appellants have lodged their appeal.

The evidentiary centerpiece of Molesworth's suit was her contention that, at the time of discharge, she specifically asked if she was being terminated because she was a woman. Dr. Jeffrey Palmer, a veterinarian in Brandon's employ, ² allegedly responded, "That's part of it" and Brandon supposedly nodded in agreement.

As appellants employ fewer than fifteen employees, they are statutorily exempt from the enforcement provisions of the Maryland Fair Employment Practice Act (the "Act"), Md.Code Ann., Art. 49B, §§ 1-18 (1994). Section 16(a) of the Act prohibits, inter alia, discrimination in the workplace based on gender. Accordingly, we must determine whether Molesworth may recover from a small employer based on a common law cause of action for wrongful discharge. If so, we must discern whether the evidence presented at trial supports appellee's claim. In resolving that issue, we must ascertain the standard of causation that governs an action for wrongful discharge and the applicable burdens of proof.

We conclude that the Act does not bar a common law claim for wrongful discharge against an employer who is statutorily exempt from suit under the Act. We are of the view that Molesworth presented sufficient evidence from which a reasonable jury could rationally have concluded that Brandon's decision to discharge Molesworth was caused by discriminatory intent. But as the trial court erroneously omitted an important instruction to which appellants were entitled, we shall reverse and remand for a new trial.

Factual Background

Most of the facts are undisputed. In any event, we must review the evidence in the light most favorable to Molesworth. Cavacos v. Sarwar, 313 Md. 248, 250, 545 A.2d 46 (1988).

Brandon, a veterinarian, maintains a practice of veterinary medicine specializing in the treatment of thoroughbred race horses. In 1987, Brandon offered employment to Molesworth, pending her successful graduation from the University of Pennsylvania Veterinary School and her licensing. Molesworth was hired to replace Dr. Joseph Rumsey, who had been fired in 1987. From July 1, 1988 to July 13, 1990, Molesworth was employed by appellants, pursuant to employment contracts dated July 1, 1988 and July 1, 1989. At the time of Molesworth's termination on July 13, 1990, she had been compensated at an annual rate of $35,000.

When Molesworth began work on July 1, 1988, she was Brandon's first female full-time veterinarian. Through his professional corporation, Brandon has employed a varying number of full-time veterinary doctors; while Molesworth was employed there, the corporation had four full-time veterinary positions and less than fifteen employees altogether. Brandon testified that the success of his practice depends upon client satisfaction with the veterinarians.

As the most junior and least experienced member of the practice, Molesworth was responsible for performing the bulk of the work at the "Lasix barn." Essentially, Lasix duties included giving horses Lasix shots prior to races, approving medications, examining horses after races for conditions requiring attention, and performing other miscellaneous tasks. These duties apparently involved relatively little thought or effort and entailed considerable periods of idleness. Although the other members of the practice worked Lasix barn duties, they did so less frequently than Molesworth.

In December, 1988, and again in March, 1989, Molesworth received bonuses that were calculated from her base salary. On Molesworth's first anniversary of employment, Brandon offered her a renewal contract for another one-year term at $30,000 salary, which Molesworth accepted. Thereafter, some of Brandon's clients began complaining about Molesworth. One of them, Dennis Manning, indicated that he did not want Molesworth to work in his barn because he did not want a female veterinarian. In August, 1989, Brandon gave Molesworth another bonus--also based on salary--and attached a note that stated as follows: "Linda, you are doing a very good job and I appreciate your efforts. Don't worry about the Mannings. We can't please them all. He's the one with the problem. Thanks, Randy."

In December, 1989, Molesworth again received a salary-linked bonus. Brandon verbally complimented Molesworth's work and he sent another note:

Linda, hopefully you can find a way to spend the bonus. It is my pleasure to be able to give it. As a practice we must really put an effort into the equipment care. These costs are escalating rapidly so for all our best interests, I'd appreciate your efforts in this area. You are doing very well in the practice and the clients are quite happy with you. Thanks, Randy.

Through December, 1989, the practice and distribution of duties did not significantly change. Molesworth never had any complaints with how she had been treated during the first 21 months of employment. Problems began to surface after April 1, 1990, when Dr. Mark Akin left the practice. The first concern involved Akin's departure from the practice. A horse trainer and a van driver, neither of whom were employed by Brandon, gave Akin a going-away dinner to which Molesworth was not invited. One witness later characterized the dinner as a "raunchy bachelor party." Molesworth learned of the party at a meeting held during the second week of April, 1990. According to Molesworth, when she indicated that her feelings were hurt by not being invited, Brandon laughed and commented that she would have been the only woman present.

At the same meeting, Brandon informed Molesworth about complaints that he had received regarding her performance. According to Molesworth, Brandon said that he was not sure why the clients were complaining, as "[Molesworth's] veterinary work is fine." Brandon also commented, "They've never had a female veterinarian work for them before." Brandon had no suggestions for Molesworth as to how to improve her work; when she asked for advice, Brandon replied, "just keep doing what you're doing because you are doing a good job and give them some time."

Molesworth also was offended by an incident that occurred after Akin left. She claimed that, ordinarily, if Brandon came to a racetrack at which one of his staff was working, he would personally confer with the staff member. On the day in question, when Molesworth was working at the Bowie Racetrack, Brandon did not visit Molesworth personally. Instead, he left a note on Molesworth's car windshield, which said: "I'm here, go to the races [at Laurel]."

Due to the advent of simultaneous racing at the Laurel and Pimlico racetracks in the Spring of 1990, the quantity of Lasix work increased dramatically. Accordingly, Brandon began to contract the majority of the Lasix duties to Dr. Peyton Jones, whose practice exclusively consisted of Lasix work. Also, in May, 1990, Dr. Greg Fox was hired to replace Akin. Nevertheless, at least partly due to the increase in volume, Molesworth's work continued to consist largely of Lasix barn duties throughout the spring. Although Molesworth complained that she was being given an unfair proportion of Lasix duties, she continued to work at the Lasix barn. Molesworth added that, when she discussed the Lasix schedule with Brandon in June, 1990, he indicated that he was giving Fox a lighter Lasix schedule than she had been given when she was the junior member because Brandon wanted Fox to meet more clients, and "that's just the way it's going to be." Molesworth also claims that, as a result of the increased Lasix load, she had to miss the discussions Brandon held at the end of the day with the members of his practice.

On July 1, 1990, Molesworth's second anniversary of employment, her salary was increased by $5,000. Yet thirteen days later, Molesworth was informed that the practice would not renew her contract. In the ensuing discussion with Palmer and Brandon, ³ Molesworth asked why she was being terminated. Brandon informed her that at least eight clients had complained about her work and had asked Brandon not to assign Molesworth to perform any duties other than routine work. According to Brandon, the clients' concerns focused on Molesworth's inflexible attitude, as well as upon the quality of her work. Brandon further explained that Molesworth's complaints as to the Lasix scheduling had nothing to do with his decision; he also stated that he had no quarrel with the quality of appellee's veterinary work. According to Molesworth, she pointedly asked if she was being fired because she was a woman, and Palmer replied, "Yes, that's part of it." Further, according to Molesworth, Brandon did not say anything, but he nodded in agreement.

At trial, Ms. Nancy Heil, a horse trainer, testified on behalf of Molesworth. She said that she had not had any problems with Molesworth's skill, technique, or attitude. On cross examination, however, Heil admitted that she had only used Molesworth for minor, routine matters.

When they testified, Palmer and Brandon both denied Molesworth's allegations of the specific statements she attributed to them, including Palmer's statement and Brandon's nod...