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Magee v. Dansources Technical Services3/28/2001
As amended November 27, 2001.
We must decide whether summary judgment was appropriate in this employment termination case alleging hostile environment, quid pro quo, and retaliatory sexual harassment. Anna C. Magee, appellant, appeals from summary judgments entered in favor of her former employer DanSources Technical Services, Inc. ("DTSI"), appellee, on all three sexual harassment counts of her complaint, as well as counts alleging abusive discharge and violation of Maryland's Wage Payment and Collection Law. We find that there was ample evidence to create a dispute regarding the central question in this case - why Magee was fired. In doing so, we reject DTSI's argument that the so-called "same actor inference" overcame this evidence on summary judgment, because "where the same person hires and fires an employee it is not `so probable' that the discharge was not motivated by discrimination that we ought to assume it is so in every case." Molesworth v. Brandon, 341 Md. 621, 644 (1996). We shall reverse the judgments on all five counts of the complaint.
FACTS AND LEGAL PROCEEDINGS
Daniel Fahey hired Magee to become DTSI's first Human Resources Director, but her at-will employment lasted less than nine months. Fahey claims that he fired Magee because her excessive absenteeism made her work performance unsatisfactory. Magee claims that she was the victim of sexual harassment and retaliation.
The parties presented conflicting stories about what happened in the DTSI workplace, and why Magee was fired. They litigated two separate motions for summary judgment, which were heard by two different judges, with opposite outcomes. In granting the second motion for summary judgment, the court considered deposition testimony by Magee and Fahey, affidavits from Magee and Fahey, and Magee's answers to interrogatories. We must review the same evidence, and the inferences from that evidence, in the light most favorable to Magee, as the party opposing summary judgment. See Heat & Power Corp. v. Air Prods. & Chemicals, Inc., 320 Md. 584, 591 (1990).
Magee's Story
Magee retired from a position in human resources with Montgomery County on December 31, 1996. Her family had a long relationship with Fahey's family. Magee claims that in early January 1997, Fahey contacted Magee regarding the possibility of Magee coming to work for DTSI. DTSI specializes in recruiting and placing contract workers in the high-tech industry. Many of these workers are foreign nationals.
Magee agreed to meet with Fahey. At that meeting, Fahey advised Magee that he wished to create a new human resources position, and discussed hiring her in either a consulting capacity or as a permanent member of his staff. Fahey did not mention any recruitment or placement responsibilities.
Fahey hired Magee. Magee recalls that she began working in late January or early February 1997, reporting directly to Fahey. She alleges that she had advised Fahey that she needed to complete physical therapy for a back injury , and therefore would work part-time before becoming full-time. Her responsibilities included managing personnel issues relating to employee benefits, updating files for compliance with federal and state laws, and initiating and monitoring appropriate sponsorship for foreign national employees.
Magee became the only full-time female on site at DTSI. In addition to Fahey, DTSI had several male employees who recruited and placed workers for DTSI's clients. Recruiters earned commissions for each successful placement.
Magee soon encountered a number of problems at DTSI. She alleges that in her capacity as human resources director,
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