Edwards v. Corbin

• Decision Date: 10 February 2004
• Docket Number: No. 102,102
• Citation: 841 A.2d 845,379 Md. 278
• Parties: EDWARDS SYSTEMS TECHNOLOGY, et al. v. Cynthia CORBIN.
• Court: Maryland Court of Appeals

841 A.2d 845

379 Md. 278

EDWARDS SYSTEMS TECHNOLOGY, et al. v. Cynthia CORBIN.

No. 102, Sept. Term, 2002.

Court of Appeals of Maryland.

February 10, 2004.

Brian Steinbach (Howard A. Wolf-Rodda of Epstein, Becker & Green, P.C., on brief), of Washington, DC, for petitioners.

Suzanne M. Tsintolas (The Law Office of Suzanne M. Tsintolas, on brief), of Rockville, for respondent.

Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, Jonathan J. Frankel, Jeffrey P. Schomig, Ron B. Katwan, Brian W. Murray, Wilmer, Cutler & Pickering, Washing ton, DC, Susan Goering, American Civil Liberties Union of Maryland Foundation, Debra Gardner, Wendy Hess, Public Justice Center, Baltimore, Brief of Amici Curiae American Civil Liberties Union of the National Capital Area, American Civil Liberties Union of Maryland Foundation, and the Public Justice Center.

J. Joseph Curran, Jr., Attorney General of Maryland, Andrew H. Baida, Solicitor General, William F. Brockman, Assistant Attorney General, Brief of the State of Maryland as Amicus Curiae.

Edward J. Gilliss, County Attorney for Baltimore County, Towson, Barbara M. Cook County Solicitor for Howard County, Ellicott City, Brief of Amici Curiae Baltimore County, Howard County, Montgomery

County, and Prince George's County, Maryland.

Argued before BELL, C.J., ELDRIDGE ¹, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

ELDRIDGE, Judge.

In this case, the petitioners contend that the combined operation of Prince George's County anti-discrimination ordinances and a state statute violates Article XI-A of the Maryland Constitution. The state statute, Maryland Code (1957, 2003 Repl.Vol.), Art. 49B, § 42, authorizes, in three Maryland counties, the enforcement of local anti-discrimination ordinances by causes of action in the circuit courts.

I.

The facts of this case, which are not in dispute, were set forth in the unreported opinion of the Court of Special Appeals as follows:

"Appellant, Cynthia Corbin, is a black female. On March 11, 1996, she was hired by EST [Edwards Systems Technology, Inc.] as a Service Agreement Sales Specialist. On December 30, 1996, Corbin was promoted to the position of Operations Manager for EST's Services Division's Washington, D.C. branch.²

"While Corbin held the position of Operations Manager, appellee Anderson, a white male, was employed as EST's District Manager. Corbin lodged numerous complaints to Anderson and his superiors about alleged discriminatory practices and about Anderson's billing and contract-letting practices.

"In August 1997, Anderson informed Corbin that EST would demote her to the position of Service Agreement Sales Specialist. Anderson further noted that he would take the position that she would be forced to vacate. Consequently, Corbin contacted the Regional Manager, who confirmed that the company was demoting Anderson because he was unable to perform the duties of District Manager in a satisfactory manner. The demotions became effective in late February 1998. Corbin assumed the position of Customer Service Specialist and Anderson became the Operations Manager for the Services Division's Washington, D.C. branch.

"Corbin alleges that from February 1998 to March 1999, Anderson consistently assigned his duties as Operations Manager to her. As a result, tensions continued to rise between the two parties and Corbin informed the Branch Manager and his supervisors that she was doing the brunt of Anderson's work and should be reassigned to the position.

"Corbin further alleges that on February 19, 1999, she approached Anderson to inquire as to what employees would be attending an upcoming trade show. Despite the fact that, as a member of the sponsor organization, she requested to attend, Anderson did not respond.

"Subsequently, on February 25, 1999, the day of the trade show, at approximately 8:20 a.m., Anderson entered Corbin's office to ask her for a trade show video. As Anderson was exiting the office, he stopped to ask if Corbin was planning on attending the trade show that day. Corbin informed Anderson that she did not plan on attending because he had not responded to her request to attend and as a result she did not obtain a ticket. Anderson insisted that she did not need a ticket to enter, but Corbin insisted otherwise. Anderson then threw a ticket in Corbin's direction, voiced his displeasure with Corbin, and left.

"Corbin subsequently walked to Anderson's office to return the ticket and inform him that she would not be attending. Corbin claims that as she left the office Anderson followed her and began shouting at her. Anderson continued to follow Corbin into her office and continued to yell. Corbin further alleged ... that Anderson slammed his fist on her desk and attempted to prevent her from leaving the office. Despite his presence, Corbin did leave the office. Anderson followed so Corbin returned to her office and locked the door. She then telephoned Corporate Headquarters to report the incident."

Corbin filed a six-count complaint in the Circuit Court for Prince George's County, asserting claims against Edwards Systems and Anderson, and seeking money damages. In the first three counts, Corbin alleged that Edwards Systems violated Division 12, § 2-185, et seq. of the Prince George's County Code (1999), and specifically §§ 2-186(a)(3) and 2-222 which define and prohibit discrimination in employment.³ Count one claimed that Edwards Systems demoted Corbin because of her race and sex, and count two alleged harassment and discrimination based on race and marital status. Count three stated that the employer failed to provide reasonable accommodation for a disability. Corbin's asserted causes of action against Edwards Systems, encompassed by the first three counts, were based upon the state statute, Maryland Code (1957, 2003 Repl.Vol.), Art. 49B, § 42, coupled with §§ 2-186(a)(3) and 2-222 of the Prince George's County Code.⁴ The remaining three counts initially alleged "common law" causes of action against Anderson. Count four was based upon an alleged civil assault; count five asserted intentional infliction of emotional distress, and count six charged "racial harassment."

On April 10, 2000, both defendants filed a Motion to Dismiss. They argued that counts one, two, and three should be dismissed because they were predicated on the combined operation of Art. 49B, § 42, and the local anti-discrimination law, and that this combined operation violated Article XI-A of the Maryland Constitution as applied in McCrory Corp. v. Fowler, 319 Md. 12, 570 A.2d 834 (1990). In addition, the defendants maintained that count two failed to state a claim against Edwards Systems for harassment and discrimination based on marital status. Finally, they asserted that counts three through six failed to state a claim.

After the filing of Corbin's opposition to the motion to dismiss and the submission of several memoranda, the Circuit Court held a hearing on October 6, 2000. During the hearing, Corbin "withdrew" count three. Corbin also stated that count six, setting forth an alleged cause of action for "racial harassment," was against both Edwards Systems and Anderson and was based on the same statutory provisions as counts one and two. The Circuit Court at the hearing decided that counts four, five, and six would be dismissed for failure to state a claim, although the dismissal of count six would be with leave to amend. Corbin requested that the dismissal of count four be with leave to amend, but the court denied this request. The Circuit Court also dismissed counts one, two, and six on the ground that Art. 49B, § 42, coupled with the local anti-discrimination ordinances, violated Article XI-A of the Maryland Constitution. The dismissal of counts one and two was also with leave to amend, in order for the plaintiff to allege discrimination claims under federal law if she chose to do so.

The determinations made at the October 6th hearing were recorded on a separate document that day and were thereafter duly entered on the docket. Nevertheless, there was no appealable final judgment at that time because of the leave to amend counts one, two, and six. Makovi v. Sherwin-Williams Co., 311 Md. 278, 281-282, 533 A.2d 1303, 1305 (1987), and cases there cited.

Within ten days of the October 6, 2000, determinations, Corbin filed in the Circuit Court a motion to reconsider the dismissals of counts one, two, and six, and to reconsider the denial of leave to amend with regard to count four. At about the same time, the defendants removed the case from the Circuit Court for Prince George's County to the United States District Court for the District of Maryland. The case was docketed in the United States District Court on October 16, 2000. The defendants also filed an opposition to Corbin's motion for reconsideration. Next, on December 26, 2000, the United States District Court remanded the case to the Circuit Court for Prince George's County for further proceedings in the latter court, holding that "the case was wrongly removed from the Circuit Court for Prince George's County."

The plaintiff Corbin decided not to amend her complaint, and on April 16, 2001, the circuit judge signed an "Order" denying Corbin's motion to reconsider and effectively terminating the action in the Circuit Court. The order was filed and entered on the docket on April 17, 2001. Thereafter, Corbin took a timely appeal to the Court of Special Appeals, challenging the dismissal on state constitutional grounds of counts one, two, and six, and challenging the trial judge's denial of leave to amend with respect to count 4. The Court of Special Appeals, agreeing with Corbin's arguments, reversed the judgment of the Circuit Court for Prince George's County. The intermediate appellate court held that Art. 49B, § 42, coupled with the Prince George's County anti-discrimination ordinances, did not violate Article XI-A of the Maryland Constitution, and...