ANNAPOLIS-At first glance, the question before the Maryland Court of Appeals Tuesday appeared to be a technical issue: Can a local school board properly be considered to be a state agency?
But the answer could have far-reaching consequences throughout the state, potentially opening Maryland school boards to a rash of discrimination lawsuits.
In arguments before the court yesterday, the lawyer for a former Anne Arundel County schools employee argued that his client’s $2 million age-discrimination suit should be allowed to go forward despite a state law limiting such damage claims against state agencies to $100,000.
David Norville was 48 years old when he was laid off from his job as a media production specialist in 1998. Norville claims he was dismissed because of his age. He had worked for the Anne Arundel County Board of Education for 23 years, and at the time of his termination he was working with people who were in their 20’s and 30’s, who were not laid off, according to his lawyer, David C. Slade.
Andrew J. Murray, senior assistant Anne Arundel county attorney, said in an interview that Norville was laid off because of budget cuts. A position in his department was eliminated and the employees had to compete for the remaining ones.
The lawsuit was dismissed by the Anne Arundel County Circuit Court, which ruled that local boards of education are state entities and are protected by what is known as the principle of sovereign immunity, meaning citizens can not sue the state. In practice, however, a state law allows citizens to sue but limits claims to $100,000.
The dismissal of Norville’s suit was upheld by the Court of Special Appeals, and now he is appealing to the Court of Appeals, the state’s highest court, which must decide whether to allow the lawsuit to go to trial and if the possible award can be limited to $100,000.
During the hearing, Slade argued the current system violates the 14th Amendment to the U.S. Constitution because it sets up unequal solutions for people who have the same complaints. He argued that if Norville worked for a private company and filed the same suit there would be no limit on his award if the court ruled in his favor.
“For a school employee to have far less remedy than a non-school employee raises questions,” Slade told the court.
Murray said that if the court rules that local school boards are not state agencies, the repercussions would be severe and felt statewide. “Local boards across the state would be exposed and theoretically liable for any amount in age discrimination cases,” he said in an interview after the hearing. The effect would also be felt in other types of lawsuits.