1:25-cv-03144•Carranza v. County Council for Howard County, Maryland
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1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND AMANKAYA CARRANZA * * Plaintiff, * v. Case No. 1:25-cv-3144-JMC * COUNTY COUNCIL FOR HOWARD COUNTY, MARYLAND. * Defendants * * * * * * * * * * * * * * * * * * MEMORANDUM OPINION AND ORDER Plaintiff Amankaya Carranza September 12, 2025, against her former employer, County Council for Howard County, Maryland. (ECF No. 1). The lawsuit arises from alleged disability discrimination. Id. Plaintiff asserts unlawful failure to accommodate in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (the - 1; unlawful disability discrimination under the ADA (Count II); and unlawful retaliation violations of the Rehabilitation Act, 29 U.S.C. § 749(b) (Count III). (ECF No. 1). Presently before the Court is Defendant Motion to Dismiss, or in the Alternative, for Summary Judgment. (ECF No. 14). The motion has been fully briefed (ECF Nos. 14, 15, 18) and no hearing is necessary. See Loc. R. 105.6 (D. Md. 2025). For the reasons set forth herein, alternative, for Summary Judgment (ECF No. 14) shall be GRANTED. 1 Plaintiff does not cite to any statute under the Failure to Accommodate claim; however, from what the Court can Compare (ECF Nos. 1, ECF No. 15). Plaintiff does not make any indication that she seeks redress under MFEPA under Count II or Count III. Thus, the Court considers MFEPA only with respect to Count I. Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 1 of 22
2 I. BACKGROUND Defendant employed Plaintiff as an administrative assistant since October 30, 2023. (ECF Nos. 1 at 2; 14-3 ).2 included the following tasks: Provides senior technical level administrative support for the Executive Assistant (Board Administrator), Zoning Board, Board of Appeals, Board of License Commissioners, Alcoholic Beverage Hearing Board, and Hearing Examiner. Receives applications, petitions, reports, records and other materials and reviews same for completeness, accuracy and sufficiency for further processing and processes same; assembles additional data as necessary; maintains complex records. Researches submitted information for verification as needed; coordinates the collection of additional data related to pending applications/cases. Serves as an initial point of contact with the public and media to ascertain needs and assemble information or arrange a response to inquiries. Manages Public Information Act request. Investigates and follows up on citizen complaints and inquiries. Schedules meetings; and maintains schedules for Boards, Hearing Examiner, Executive Assistant and/or Council Administrator; prepares agendas; verifies proper notice of meetings. Sets up, monitors, records, streams, attends and provides staff/technical assistance for Council and board meetings as required, (including night meetings). Operates the Council Control Room for live multi-camera productions, Prepares, updates and maintains video graphics for streamed productions. Supports recordkeeping functions by maintaining case files, documentation of exhibits, logs, journals, files, other permanent legislative, council records, Decision and Orders of the Boards. Distributing documents upon request and posting online. Develops, updates, and maintains content for Council and/or Board social media / webpages, including conversion of audio recordings and video of meetings. 2 When the Court cites to a specific page number or range of page numbers, the Court is referring to the page numbers provided in the electronic filing stamps located at the top of every electronically filed document. Where a document does not have an electronic filing stamp, the Court is referring to the page numbers at the bottom of the document. Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 2 of 22
3 Provides general secretarial support including; drafts and/or edits correspondence, resolutions, briefing. Decision and Orders, and other written materials for own, or members of the Council Office. Processes forms, such as expense vouchers, travel approval, and other documents in accordance with County and Council policies. Greets Council guests, answers telephone inquiries, and provides public information as directed. Acts in back up capacity to the Executive Assistant in all Board functions or functions of payroll, ordering, accounting, enrolling legislation and other duties as assigned by the Council Administrator. (ECF No. 14-4). Plaintiff alleges she suffered an ankle injury on November 9, 2024, that required surgery. (ECF No. 1 at 2). On November 16, 2024, Plaintiff submitted Family and Medical Leave Act Michelle Harrod. (ECF No. 14-6). Plaintiff requested a Full-Time Absence from November 12, 2024, to December 2, 2024. Id - pacity and treatment spanning from November 11, 2024 to January 7, 2025. Id. at 5. The doctor further indicated Plaintiff would not be able to sit, stand, walk, drive, bend, stoop, twist, or crouch for extended periods of time after surgery. Id. at 7. , and Plaintiff was permitted to take leave from November 19, 2024, to January 7, 2025. (ECF No. 14- 7). After surgery, Plaintiff alleges she was unable to walk and suffered from extensive mobility challenges. (ECF No. 1 at 2). Plaintiff asserts that she soon requested a telework accommodation during her recovery period. Id. On November 26, 2024, Plaintiff forwarded an email to the Office -9). In that letter, Dr. Hoffler [p]atient had surgery on 11/19/24 on her left ankle. Patient must be allowed to telework Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 3 of 22
4 from home starting 12/2/24 Id. Afterwards, Ms. Harrod and the public. It is impossible to complete [all of her] job responsibilities. Are we required to fulfill this accommodation? (ECF No. 14-10) (emphasis in original). Several more emails ensued, in-person contact and an in-office presence in order for the (ECF No. 14-11). On November 27, 2024, a senior administrative analysis in OHR emailed Plaintiff regarding a factual note and the medical note he sent in support of telework request. (ECF No. 14-12). Specifically, Dr. Hoffler indicated that Plaintiff suffered and OHR sought clarification regarding her incapacitation status. See id. The OHR also indicated, Temporary requests for telework can be considered when the employee is not incapacitated, and the job duties lend themselves to telework. Supervisors determine the duties that can be performed remotely. Our understanding from your management team is that many of your duties require you to be in the office. Nevertheless, we will review your request along with additional information that is needed to make a determination with your department. Id. On December 13, 2024, the OHR followed up with Plaintiff and asked her to obtain additional forms from Dr. Hoffler so they could evaluate her telework request. (ECF No. 14-13). While the letter from Dr. Hoffler was pending, Ms. Harrod sent an email on Decmember 16, 2024, to OHR with suggestions of a few projects Plaintiff could perform remotely. (ECF No. 14-14). Id. Additionally, Ms. Harrod noted that the suggested projects would require only forty work hours and therefore would not , which was over a month. Id. On December 17, 2024, Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 4 of 22
5 11/19/24-1/7/25. -15). Then, the OHR notified Plaintiff that, until January 8th. We cannot allow you to work, even part time from home, with 01/07/2025. (ECF No. 14-16). On January 2, 2025, Plaintiff submitted an additional FMLA request, which sought leave until February 10, 2025. (ECF No. 14-17). She also requested information from OHR regarding short term disability benefits. (ECF No. 14-18). On January 3, 2025, OHR short term disability benefits request, informing that because injury and subsequent disability occurred before the start of her benefits election date, she would not be able to obtain them. (ECF No. 14-19). On January 9, 2025, Plaintiff emailed Ms. Harrod and OHR indicating due to ongoing health concerns resulting from [her] (ECF No. 14- fter careful consideration and consultation with my healthcare team, I have come to the difficult decision that resigning is the best course of action for my health as I am unable to perform the physical demands of the current position. Id. Plaintiff asserts in the Complaint that (ECF No. 1 at 2). reasonable accommodation, including through remote work as she could have been able to complete her duties from home without limitations caused by her motility issues. Id. at 4. Plaintiff does not describe any of the purported duties she could have performed from home. See id. She avers, [i] Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 5 of 22
6 Id. that she had no other choice and was being forced out of her position by Defendant, Plaintiff was constructively discharged and likewise resigned on or about Id. Thereafter, Plaintiff filed a Charge of Discrimination with the Equal 19, 2025. Id. II. LEGAL STANDARD of Civil Procedure 56. (ECF No. 12). Blakely v. Wards, 738 F.3d 607, 611 (4th Cir. 2013), as amended (Oct. 22, 2013). Summary judgment is Harrods Ltd. v. Sixty Internet Domain Names, 302 F.3d 214, 246-47 (4th Cir. 2002); see also Evans v. Techs. Applications & Serv. Co., 80 F.3d 954, 961 (4th Cir. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986))). All parties must be given some indication by the Court that it is treating a pleading filed in Gay v. Wall, 761 F.2d 175, 177 (4th Cir. 1985). When the moving party styles its responsive motion as a motion for summary judgment, as is the case here, and attaches additional materials to its motion, the non-moving party is considered notified, and the Court may treat the motion as one for summary judgment. See Laughlin v. Metropolitan Wash. Airports Auth., 149 F.3d 253, 260 61 (4th Cir. 1998). Id.; see also Sol v. M&T Bank, No. 8:22-CV-02999-AAQ, Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 6 of 22
7 2024 WL 327086, at *4 (D. Md. Jan. 29, 2024) (collecting cases). Under such circumstances, it -moving party into a fencing match without , 741 F.3d 480, 483 (4th because the party needs discovery to properly oppose the motion, the party should file a Rule 56(d) affidavit informing the cou Sol Id. (quoting Woodbury v. Victory Van Lines, 286 F. Supp. 3d 685, 693 (D. Md. 2017)). Plaintiff has not filed a Rule 56(d) affidavit or indicated what additional documents, if any, she seeks to review during discovery. In light of motion as a motion for summary judgment is premature at this time; it cannot be said that Plaintiff is forced into a fencing match without a sword or mask. McCray, 741 F.3d at 483. The notice discovery is necessary to resolve the present motion or even the instant litigation. See Morris v. Carvajal, Civil Action No.: TDC-20-2420, 2021 WL 1928419, at *1 (D. Md. May 13, 2021) not argue discovery was necessary to resolve the motion). Both parties attached emails, affidavits, photos, and other evidence to their filings. (ECF Nos. 14-3 14-22; 15-2 15-6; 18-1 18-2). The record contains numerous documents and description; email correspondence relating to how exactly the Defendant processed her accommodation requests; affidavits pertaining Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 7 of 22
8 and FMLA leave documentation. Moreover, several of these documents are not of the type that could typically be considered without converting a motion to dismiss into a motion for summary judgment. Shields v. Verizon Md., LLC, No. 1:23-CV-02932-JMC, 2024 WL 1050996, at *4 (D. Md. Mar. 11, 2024) Those limited circumstances are matters of public record, documents explicitly incorporated into a complaint by reference or attached to the complaint as exhibits, or any document submitted by the movant that was not attached to or expressly incorporated in a complaint, so long as the document was integral to the complaint and there is no dispute about the document s authenticity. that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a evidence is such that a reasonable J.E. Dunn Const. Co. v. S.R.P. Dev. Ltd. , 115 F. Supp. 3d 593, 600 (D. Md. 2015) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). A nonmov Bouchat v. Balt. Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir. 2003) (quoting Fed. R. Civ. P. 56(e)). Iko v. Shreve, 535 F.3d 225, 230 (4th Cir. 2008) (citing Scott v. Harris obligation of the trial judge to prevent factually unsupported claims and defenses from proceeding Heckman v. Ryder Truck Rental, Inc., 962 F. Supp. 2d 792, 799 800 (D. Md. 2013) (quoting Drewitt v. Pratt, 999 F.2d 774, 778 79 (4th Cir. 1993)). Consequently, a party cannot Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 8 of 22
9 create a genuine dispute of material fact through mere speculation or compilation of inferences. See Deans v. CSX Transp., Inc., 152 F.3d 326, 330 31 (4th Cir. 1998). III. ANALYSIS A. for the First Time in her Opposition Motion. As an initial matter, the Motion to Dismiss memoranda raise a concern regarding an un- pled allegation referenced -4). Although the complaint makes reference only to one requested accommodation (telework) in addition to FMLA leave, Plaintiff indicates for the first time in her Opposition Motion that she requested a wheelchair as an alternative accommodation. Id. Id. Plaintiff relies on her affidavit in support of her new failure to accommodate issue. (ECF No. 15 at 8). In the Fourth Circuit, a plaintiff Zachair Ltd. v. Driggs, 965 F. Supp. 741, 748 n.4 (D. Md. 1997), aff'd, 141 F.3d 1162 (4th Cir. 1998). Indeed, many courts at the motion to dismiss stage. E.g., Burroughs v. Dorsey Run Corr., Civil Action No. GLR-23- 1223, 2024 WL 3832346, at *1 n.4 (D. Md. Aug. 15, 2024) (holding a plaintiff to the allegations in its complaint when construing a motion to dismiss as a motion as a motion for summary judgment); see also Mylan Labs., Inc. v. Akzo axiomatic that the complaint may not be amended by the briefs in opposition to a motion to Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1107 (7th Cir. 1984) Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 9 of 22
10 abrogated by Schmees v. HC1.Com, Inc., 3 77 F.4th 483, 489 (7th Cir. 2023))), aff'd, 2 F.3d 56 (4th Cir. 1993). Here, Plaintiff refers to an alleged wheelchair accommodation request for the first time in her opposition accommodation also constitutes an ADA violation. (ECF No. 15 at 8). However, Plaintiff does not include any reference to a wheelchair request in the Complaint. See (ECF No. 1). Plaintiff does not even plead that she made certain other accommodation requests in addition to telework. Id. Moreover, the record is devoid of a wheelchair, including medical records. Therefore, the Court declines to consider the wheelchair argument as a basis for failure to accommodate claim at this juncture. Burroughs, 2024 WL 3832346, at *1 n.4 denial of a wheelchair allegation, she must follow the procedures set forth under Rules 8 or 15 of the Federal Rules of Civil Procedure. Zachair, 965 F. Supp. At 748 n.4. 3 In Schmees v. HC1.Com, Inc., the Seventh Circuit recognized that the purported prohibition against considering additional claims in a brief stems from Chambliss v. Coca-Cola Bottling Corp., 274 F.Supp. 401 (E.D. Tenn. 1967), Schmees, 77 F.4th at 489 (quoting Chambliss, 274 F.Supp. at 409). Thus, the court indicated despite wholehearted agreement with the Chambliss Id. (collecting cases). In so doing, the Schmees court opened a door to rare scenarios in which constructive motions for leave to amend may be implicated by brief arguments. Id.; see also Adams v. C3 Pipeline Construction Inc., 30 F.4th 943, 971 (10th Cir. 2021) cases interpret the inclusion of new allegations in a response to a motion for summary judgment as a potential request onsidered the Schmees or Adams holding. However, many post-Schmees cases in this district still rely on language quoted from Car Carriers, Inc. E.g., McDowell v. iCaddilus, Inc., Case No. MJM-22-3172, 2024 WL 2816054, at *1 n.2 (D. Md. May 30, 2024) (citing , 770 F. Supp. 1053, 1068 (4th Cir. 1991)); Servs., Civil No. TJS-23-2095, 2025 WL 1837402, at *15 (D. Md. July 2, 2025). Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 10 of 22
11 B. Undisputed Evidence Shows Plaintiff was Accommodated with Medical Leave in a Job That Required an In-Office Presence She Could Not Fulfill. against a qualified individual Defendant argues Plaintiff failure to accommodate claim fails as a matter of law showing that she could perform the essential functions of her administrative assistant position with (ECF No. 14-1 at 8). To that end, Plaintiff argues in a conclusory fashion that her essential job duties could be completed unspecified roles4 -4). Defendant also argues that it had no obligation to provide telework as an accommodation because granting FMLA leave constitutes a reasonable accommodation in -1 at 12). she was an individual with a disability within the meaning of the statute; (2) that the employer had notice of her disability; (3) that with reasonable accommodation she could perform the essential CSRA, 12 F.4th 396, 414 (4th Cir. 2021) (quoting Jacobs v. N.C. Admin. Off. Cts., 780 F.3d 562, 579 (4th Cir. 2015)); Wilson v. Dollar General Corp., 717 F.3d 337, 345 (4th Cir. 2013). to be reasonable, the accommodation must be effective (i.e., it must address the job-related difficulties presented by the employee's disability), and it must allow the employee to attain an 4 The Complaint also fails to specify which employees worked remotely. See (ECF No. 1). Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 11 of 22
12 -disabled individual in the Fleetwood v. Harford Sys. Inc., 380 F.Supp.2d 688, 699 (D.Md.2005) (citation omitted). and (2) prove that it is reasonable. Smith, 12 F.4th at 414. 1. The Undisputed Evidence Shows Plaintiff Could Not Have Performed the Essential Functions of Her Job Via Telework Her Job Required an In Person Presence and Her Doctor Indicated She was Incapacitated During Her Recovery. , 31 F.3d 209, 213 (4th Cir. 1994) (quoting Chandler v. City of Dallas, 2 F.3d 1385, 1393 94 (5th Cir. 1993)); Jacobs, 780 F.3d at 579 80. A reasonable accommodation environment under which the position held or desired is customarily performed, that enable an individual with a disability who is qualified C.F.R. § 1630.2(o)(1)(ii). Tyndall, 31 F.3d at 213. Here, Plaintiff alleges full time telework would allow her to perform the essential functions of her job, without specifying in the Complaint or arguing in her brief how that would be the case or which tasks she could perform from home. To that end, Courts have been reluctant to conclude in a non-pandemic setting that full- time telework is a reasonable accommodation. See, e.g., Davis v. Lockheed Martin Operations Support, Inc., 84 F. Supp. 2d 707, 713 (D. Md. 2000) (recognizing that telework accommodations - Tyndall, 31 F.3d at 213); Broussard v. Panetta, No. CIV. CCB-11-3401, 2013 Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 12 of 22
13 WL 45902, at *8 (D. Md. Jan. 2, 2013) (indicating presence at the worksite is an essential function absent unusual circumstances). Defendant correctly points out that essential functions of a position, the ADA requires the Court to look at ... [the] employer's (ECF No. 14-1 at 9) (citing 42 U.S.C. § 12111 description before advertising or interviewing applicants for the job, this description shall be considered 42 U.S.C. § 12111; see also Elledge v. , 979 F.3d 1004, 1009 (4th Cir. 2020) However, at the summary judgment stage, the employer's judgment will not be dispositive regarding whether a function is essential when evidence on the issue is Kande v. Dimensions Health Corp., Case No.: GJH-18-2306, 2020 WL 7054771, at *10 (D. Md. Dec. 2, 2020) (citing Feldman v. Olin Corp., 692 F.3d 748, 755 (7th Cir. 2012)). After thorough review, it is unclear how Plaintiff believes she could have performed her job duties remotely. In support of her conclusory assertion that she could have done so, Plaintiff points to the COVID-19 pandemic. (ECF No. 15 at 8). However, the Court finds this argument unavailing, as the COVID-19 pandemic presented an unprecedented situation that required most employees to work from home during a global state of emergency. See Davis, 84 F. Supp. 2d 707, 713 (D. Md. 2000) (noting that in the Fourth Circuit, attendance at work is presumed to be an ; Broussard, 2013 WL 45902, at *8. doctor indicated would not be able to sit, stand, walk, drive, bend, stoop, twist, or couch for the months in which she underwent treatment for her ankle. (ECF No. 14- Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 13 of 22
14 -01/07/25. The patient is unfit to work in the current job. (ECF No. 14-15). In her resignation letter, Plaintiff herself stated that she could fter careful consideration and consultation with my healthcare team, I have come to the difficult decision that resigning is the best course of action for my health as I am unable to perform the physical demands of the current position. -20). Plaintiff does not even plead, let alone describe facts in her brief, that explain which tasks she could perform from home or how her job duties were allocated day-to-day. See (ECF No. 1, 15); see also Davis, 84 F. Supp. 2d at 713 (D. Md. 2000); Broussard, 2013 WL 45902, at *8. By contrast, , which clearly requires an in-person presence for setting up the physical technical equipment for the Council and board meetings, physically operating the Council Control Room, and greeting Council guests. (ECF No. 14-4 at 2). Id. Taking all inferences in the light most favorable to Plaintiff, it is conceivable that certain tasks like research, calendar maintenance, and other data-related tasks could be performed remotely. See id. Of course, where -person contact and an in- , such statements are not dispositive at the summary judgment stage. Kande, 2020 WL 7054771, at *10; (ECF Nos. 14-10, 14-11). Even still, Plaintiff does not point to any facts that creates a genuine issue of material fact as to whether in-person tasks were an essential function of her job. She does not dispute that her job required her to interact with the board members and the public or to set up the board room. See generally (ECF No. 15). Moreover, she does not dispute that her own doctor told Defendant Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 14 of 22
15 -15). She expresses vague disagreement with the notion that she could not have performed the essential duties of her job, but she provides only speculative arguments about the COVID-19 pandemic and her conclusory assertion that she could have fulfilled all duties remotely. (ECF Nos. 1, 15-4). Based on the undisputed evidence available to the Court, there is no genuine dispute that an in-person presence to perform at least some of her essential duties and could not be accommodated by full-time telework from November to January. Davis, 84 F. Supp. 2d at 713 (D. Md. 2000); Broussard, 2013 WL 45902, at *8. statements to the contrary fail to create a genuine issue of material fact, even construing all inferences in the light most favorable to Plaintiff. claim fails as a matter of law. 2. Defendant Accommodated Plaintiff by way of Granting Plaintiff Leave Under the FMLA and Is Not Required to Grant a Specific Accommodation . Even if a telework accommodation could be considered reasonable under these circumstances, the ultimate discretion to choose among reasonable accommodations rests with the employer. See Reyazuddin v. Montgomery Cnty., Md., 789 F.3d 407, 416 (4th Cir. 2015); Hankins v. The Gap, Inc., 84 F.3d 797, 800 (6th Cir.1996) [T]he employer providing the accommodation has the ultimate discretion to choose between effective accommodations and may choose the less Interpretive Guidance on Title I of the Americans with Disabilities Act, 29 C.F.R. pt. 1630 app. at 406 (2014)). The ADA authorizes unpaid leave as a reasonable accommodation under certain circumstances Indeed, Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 15 of 22
16 Defendant correctly asserts that regulatory guidance for the ADA clarifies that of a reasonable accommodation. 29 C.F.R. pt. 1630 app. § 1630.2(o). Defendant points to Hannah v. United Parcel Service, Inc., which is also instructive here. Hannah v. United Parcel Service, Inc., 72 F.4th 630, 637 (4th Cir. 2023). In Hannah buttocks precluded him from performing his job. Id. at 634. Instead of permitting the plaintiff to perform a paid position that did not require him to drive a delivery truck consistent with his accommodation request, the defendant placed him on an unpaid leave of absence until his injuries healed. Id. Id. Therefore, the Fourth Circuit held that a period of unpaid leave was a where the disability that interferes with an employee's capacity to complete assigned tasks is temporary and there is reason to believe that a leave of absence will Id. at 637. See id. Hannah. Indeed, -person a January 7, 2025, return to work date. (ECF Nos. 14-6, 14-7, 14-9). Similar to the Hannah plaintiff, Plaintiff here fails to point to any reason as to why granting her medical leave is an unreasonable accommodation for a temporary disability that precluded her from working on-site. See (ECF Nos. 1, 15). Plaintiff concedes that Defendant provided her a leave of absence and that she sought out and received FMLA leave. (ECF No. 1, 15); Hannah, 72 F.4th at 637. From what Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 16 of 22
17 would have preferred a different accommodation of his choosing. Id. As Defendant points out, the Hannah court found that unpaid leave was a reasonable accommodation when the Hannah plaintiff did not apply for it and even objected to it. Id. By contrast, Plaintiff asked for leave and promptly received it. See id.; see also Dieng v. Orkin, LLC, Civil Action No. 21-cv-0482-LKG, 2025 WL 403794, at *9 (D. Md. Feb. 4, 2025) (granting summary judgment on a failure to accommodate claim when the defendant permitted the plaintiff to take unpaid leave for several months during an injury recovery period). Thus, based on the undisputed record, no reasonable jury could conclude that granting the FMLA leave Plaintiff requested instead of her telework request was a failure to accommodate. See id. Therefore, the Motion to Dismiss, or in the alternative, for Summary Judgment under Count I5 is GRANTED. C. Claim Based on Disability Discrimination Fails Because She Was Not a Qualified Individual and There is No Evidence Suffered an Adverse Employment Decision Based on Her Disability. and (3) that [her employer] discharged her (or took other adverse employment action) because of Jacobs v. N.C. Admin. Off. of the Cts., 780 F.3d 562, 572 (4th Cir. 2015) As an initial matter, Fleetwood v. Harford Sys. Inc., [A] qualified individual with a disability ...can perform the essential functions of [her] job with or without reasonable accommodation. Essential functions are the fundamental job duties of the employment position 5 Destiny Charity Rose Teel v. Md. Natural Treatment Solutions, LLC, RDB-23-1694, 2024 WL 1075421, at *4 (D. Md. Mar. 12, 2024). Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 17 of 22
18 that the person with the disability holds or desires. Fleetwood v. Harford Sys. Inc., 380 F. Supp. 2d 688, 698 99 (D. Md. 2005) (quoting 29 C.F.R. § 1630.2(n)(1)). Based on the reasoning above, See supra Section III.B. However, even if Plaintiff was a qualified individual capable of performing the essential functions of her job with or without an accommodation, there is no evidence on the record nor any Plaintiff could conceivably produce with discovery that creates a genuine issue of material fact concerning (1) an adverse employment action or (2) that any adverse employment action constituted was based on her disability. 1. There Is No Evidence Showing Plaintiff was Constructively Discharged. against by h[er] employer to the point where a reasonable person in h[er] position would have felt Evans v. Int'l Paper Co., 936 F.3d 183, 193 (4th Cir. 2019) (quoting Green v. Brennan, 578 U.S. 547, 136 S.Ct. 1769, 1777, 195 L.Ed.2d 44 Id. (quoting Penn. State Police v. Suders, 542 U.S. 129, 147, 124 S.Ct. 2342, 159 L.Ed.2d 204 (2004)). Courts must objective standard. Heiko v. Colombo Savings Bank, F.S.B, 434 F.3d 249, 262 (4th Cir. 2006) Evans, 936 F.3d at 193. intolerability. On the other hand, when the conduct is isolated or infrequent, it is less likely to Id. Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 18 of 22
19 Defendant constructively discharged the Plaintiff by insisting that the Plaintiff remain on unpaid leave instead of granting Plaintiff a reasonable accommodation. Id. Defendant retorts, Here, there were merely thirty-two (32) business days (excluding weekends and began and January 9, 2025, when Plaintiff resigned In this short amount of time, the County made good-faith attempts to analyze whether Plaintiff should be allowed to telework full time in lieu of the continuous FMLA leave, which Plaintiff previously requested and received. As discussed supra, the County ultimately quired in-person attendance. (ECF No. 18 at 12). Examples of constructive discharge cases make clear that there is no evidentiary support on the record necessary to meet the high bar to prove constructive discharge. In Williams v. Giant Food, Inc., the Fourth Circuit concluded that a plaintiff was not constructively discharged when she alleged her supervisors yelled at her, told her she was a poor manager, gave her poor performance evaluations, chastised her in front of customers, and required her to work with an injured back. Williams v. Giant Food, Inc., 370 F.3d 423, 434 (4th Cir. 2004). Affirming the lower [d]issatisfaction with work assignments, a feeling of being unfairly criticized, or difficult or unpleasant working conditions are not so intolerable as to compel a reasonable person to resign. Id. (quoting Carter v. Ball, 33 F.3d 450, 459 (4th Cir. 1994)); , 222 F.Supp.3d 459, 476 (D. Md. 2016) (concluding that the circumstances there were no more intolerable than those in Williams on an objective standard inquiry). In Bowen v. Maryland Department of Public Safety and Correctional Services, this Court dismissed a Title VII claim Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 19 of 22
20 spoke to her in a belittling manner, yelled at her, told an Agent Assistant not to assist [the plaintiff] in entering certain documents, and began to require [the plaintiff] to meet with her once a day. of Pub. Safety and Corr. Servs., Civil Action No. RDB-17-1571, 2018 WL 1784463, at *9 (D. Md. ; . Ins. Co., Civil Action No. PX-19-1235, 2021 WL 391700, at *8 (D. Md. Feb. 4, 2021) (granting summary judgment on an ADA constructive work remotely before she claimed telework constituted an intolerable working environment and the plaintiff lat with an allegation of intolerable working conditions). Against that backdrop, it can hardly be stated that granting FMLA leave as requested by Plaintiff herself Plaintiff applied for and received leave. (ECF No. 14-6). Plaintiff points to no evidence . See generally (ECF No. 1). Moreover, the Complaint fails to allege any other conduct that could be considered so intolerable such that Plaintiff was forced to resign. See Williams, 370 F.3d at 434; Bowen, 2018 WL 1784463, at *9; Brady, 222 F.Supp.3d at 476. -20). was forced into intolerable conditions by way of the medical leave she asked for or that Defendant took discriminatory action against her. Harrison, 2021 WL 391700, at *8. Further, because the Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 20 of 22
21 leave. Even construing the evidence in the light most favorable to plaintiff, no reasonable jury could find that granting a request for less than two months of medical leave meets the high bar to prevail on a constructive discharge claim. Williams, 370 F.3d at 434; Bowen, 2018 WL 1784463, at *9; Harrison, 2021 WL 391700, at *8. (ECF No. 14) is GRANTED with respect to Count II. D. Defendant Retaliated Against Plaintiff on the Basis of Her Disability.6 In determining whether the Rehabilitation Act has been violated, courts apply the same standards as under the Americans with Disabilities Act. 29 U.S.C. § 794(d); see also Doe v. U. of Maryland Med. System Corp., 50 F.3d 1261, 1265 n.9 (4th Cir. 1995) (explaining that where the Rehabilitation of retaliation, or proceed under a burden-s Jacobs v. N.C. Admin. Off. Cts., 780 F.3d 562, 577 (4th Cir. 2015) (quoting Rhoads v. FDIC, 257 F.3d 373, 391 (4th Cir.2001)). McDonnell Douglas burden- shifting, she must show (i) that she engaged in protected activity and, (ii) because of this, (iii) her Id. When a plaintiff makes a prima 6 brief (ECF No. 14-1), Defendant urges the Court to dismiss the Rehabilitation Act claim based on to exhaust administrate remedies. (ECF No. 14-1 at 7). However, Defendant concedes in its reply brief that no such requirement exists for non-federal employees. (ECF No. 18 at 13) (citing Magness v. Harford Cnty., Civil No. ELH-16-2970, 2018 WL 1505792, at *15) (D. Md. Mar. 27, 2018)). Thus, the Court disregards the administrative exhaustion argument. Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 21 of 22
22 Equal Emp. Opportunity Comm'n v. Optimal Sols. & Techs., Inc., 422 F. Supp. 3d 1037, 1042-43 (D. Md. 2019). defendant carries this burden of production, the presumption raised by the prima facie case is Jennings v. Frostburg State Univ., 679 F. Supp. 3d 240, 272 (D. Md. 2023). Thereafter, Optimal Sols. & Techs., Inc., 422 F. Supp. 3d at 1043. (1) a qualified individual or (2) that there was any adverse action given the undisputed evidence . Id. Without any evidence of an adverse action, the record lacks any evidence that can possibly support an inference of unlawful discrimination See id. at 1042. Based on the analysis above, no reasonable jury could find in favor of Plaintiff as a matter of law. GRANTED under Count III. IV. CONCLUSION ECF No. 14) is GRANTED, and summary judgment is hereby entered in favor of Defendant. The Clerk is directed to close the case. Date: January 13, 2026 /s/ J. Mark Coulson United States Magistrate Judge Case 1:25-cv-03144-JMC Document 19 Filed 01/13/26 Page 22 of 22
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