Employment Retaliation Suit Results in Jury Verdict for G&W Client

Employment Retaliation Suit Results in Jury Verdict for G&W Client

By Francis J. Gorman

Frank Gorman and Ryan Burch successfully defended an employer in an employment retaliation suit before a jury in the Circuit Court for Montgomery County, Burke v. Women’s Surgery Center, et al.  The trial lasted seven days, and the jury deliberated for approximately an hour and an half before rendering their verdict.

Plaintiff filed a claim with the Montgomery County Office of Human Rights alleging that she was discriminated against based on her pregnancy and also alleged retaliation for asserting this claim.  Plaintiff alleged that adverse action was taken against her four days after her claim of discrimination and again 27 days after her claim of discrimination.  After waiting the required period of time, but before the Office of Human Rights had issued any decision, Plaintiff filed suit alleging retaliation (only), naming the owner and the company as defendants, and seeking an award of back pay, emotional harm damages, and punitive damages.

Prior to trial, the Court imposed sanction against the Plaintiff for pre-litigation misconduct pursuant to the decision in Weaver v. ZeniMax Media, Inc.and Maryland Rule 2-433.  At the close of Plaintiff’s evidence, the Court entered judgment in favor of the owner, an issue raised on summary judgment but denied at that time.  Based on the jury verdict, the Court entered judgment in favor of the Company.