EMPLOYMENT LAWYER

I have provided, since 1980, legal representation for discrimination which is a violation of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), and Maryland Law.

Discriminatory practices prohibited by these laws include the following:

• harassment on the basis of race, color, religion, sex, national origin, disability, or age;

• retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;

• employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and

• denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

The prohibition against discrimination extends to all aspects of employment, including:

• hiring and firing;
• compensation, assignment, or classification of employees
• transfer, promotion, layoff, or recall;
• job advertisements;
• recruitment;
• testing;
• use of company facilities;
• training and apprenticeship programs;
• fringe benefits;
• pay, retirement plans, and disability leave; or
• other terms and conditions of employment
• unpaid wages
• unpaid overtime
• misclassification of employment status
• wrongful termination

Experience includes substantial jury, non-jury, and appellate experience in all Maryland Courts, the U. S. District Court for Maryland, U. S. Bankruptcy Court for Maryland, and the U.S. Fourth Circuit Court of Appeals.

• Representation of employees in cases involving Title VII, ADEA, ADA, State Gov’t Art. 20-601, FMLA, 42 USC § 1983, the First Amendment, Civil Rights, and Unpaid Wages.

• Substantial personal injury litigation experience involving auto tort, premises liability, other bodily injury, medical malpractice issues and Workers Compensation claims.

• Represented business clients in litigation and routine business issues in the past, including corporate formation and administration, partnership, contract, employee, and tax matters.

• Represented construction industry clients in contract disputes, including litigation and arbitration before the American Arbitration Association (Maryland, Virginia and Washington, DC).

• Represented clients before the Internal Revenue Service.

• Representation of clients before the Maryland Comptroller and the Maryland Tax Court on sales and use tax issues.

• Represented clients in Chapter 7, 13, and 11 matters before the U.S. Bankruptcy Court.

• Experience in real estate law including litigation, writing title policies, and conducting settlements.

• Selected as Maryland Health Claims Arbitration Panel Chairman for medical several malpractice claims.

• Experience in estate administration and guardianship matters.

• Insurance defense litigation while in partnership with Richard Gunkel, Esquire (1982-1985).

• Represented clients in criminal matters, including panel attorney on the Baltimore City Public Defender.

State of Maryland Tax Consultant and Hearing Officer – 1989 to 1993.

• Employed by the Maryland Comptroller of the Treasury, Sales and Use Tax Division, in a part-time permanent position. Position held while maintaining private practice with restriction on tax work. Left state employment in good standing to concentrate on private practice.

WINNING DISCRIMINATION ATTORNEY

Selected successful reported appellate opinions.

Adkins v. Peninsula Regional Medical Center, 448 Md. 197 (2016). Maryland’s highest confirmed unequivocally that the definition of "qualified individual with a disability" in the Code of Maryland Regulations under Maryland law includes employees who could perform the essential functions of a reassignment position, with or without a reasonable accommodation, even if they cannot perform the essential functions of their current position.

Booth v. Maryland, 327 F.3d 377, 382 (4th Cir.2003); Representing plaintiff; overturning District Court decision dismissing complaint on ground that Title VII does not provide the exclusive remedy for discrimination in employment, and public employees are entitled to bring a § 1983 action asserting Equal Protection claims.

Board. of Ed. For Baltimore County v. Zimmer-Rubert, 409 Md. 200, 973 A.2d 233 (2009); Representing plaintiff; Affirming decision of Maryland Court of Special Appeals which reversed Circuit Court decision dismissing complaint against Baltimore County on basis of sovereign immunity. Case established that Maryland statute waiving immunity for “all claims” against the Baltimore County Board of Education included waiver of common law sovereign immunity and Eleventh Amendment immunity

Selected notable unreported opinions.

Guttman v. Mayor and City Council of Baltimore City; Representing plaintiff; Reversing decision of Maryland Circuit Court for Baltimore City, dated October 19, 2007, Slip. Op. 1695, September Term 2006, dismissing claims under 42 U.S.C. § 1983 for the violation of First Amendment rights of contractor whose contract was terminated for criticizing Baltimore City auto body repair practices in a newscast; and reversing decision of lower court’s refusal to direct defendant to turn over documents claimed to be protected by attorney client privilege.

After remand, obtained jury verdict of approximately $ 125,000 against the Mayor and City Council for Baltimore City in favor of Zvi Guttman, Bankruptcy Trustee, for the violation of First Amendment. The judgment has been reversed in a reported decision of the Court of Special Appeals, dated February 2, 2010, Slip Op. No. 2122, September Term 2008,but which also reversed the lower court’s dismissal of municipal official, remanding the case for further trial against that official. Eventually, the case went to trial, but was dismissed on motion for judgment. Another appeal was unsuccessful.

Selected Arbitration Awards

Award of approximately $ 150,000.00 in favor of Envirmech Construction Co. against Regina Construction Company before a three member panel of the American Arbitration Association, approximately 1995.

Award of approximately $ 30,000 in favor of Mavis Mechanical before a three member panel of the American Arbitration Association, approximately 1998

EXPERIENCED LABOR LAWYER

Bar Memberships:

California Bar Admission (Currently Inactive Status) 1979
Maryland Bar Admission 1979

Admitted to practice in

• All Maryland courts
• U.S. District Court for Maryland
• U.S. Bankruptcy Court for Maryland
• U.S. Supreme Court

Professional Organizations:

• Maryland Bar Association
• National Employment Lawyers Association
• Maryland Employment Lawyers Association
• Maryland Washington Lawyers Association
• Maryland Association for Justice