Ott v. Maryland Department of Public Safety, No. 17-2047 (4th Cir. 2018)Annotate this Case
Ott worked for Maryland’s Department of Public Safety and Correctional Services (DPSCS). In 2010, she learned that a pediatrician had molested her daughter, causing Ott to develop PTSD and severe anxiety. She took medical leave and transferred to a different location. Ott says that her co-worker harassed Ott about her daughter and Ott’s mental health for a year and that DPSCS ignored the harassment. Ott’s performance deteriorated. DPSCS forced her to resign in March 2014. While still employed, Ott filed an EEOC discrimination charge, which proceeded slowly; eventually, the agency found reasonable cause for Ott’s claims and referred them to the Department of Justice, which issued a right to sue notice in July 2016. Ott filed suit in October 2016, asserting claims under the Americans with Disabilities Act and Rehabilitation Act. The Fourth Circuit affirmed the dismissal of her Rehabilitation Act claims as untimely. Because the Rehabilitation Act does not contain a limitations period, courts borrow the time limit from the most analogous state law claim and have previously applied Maryland’s three-year general civil case limitation. After the Fourth Circuit last addressed the issue, Maryland amended its Fair Employment Practices Act (MFEPA) to align more closely with the Rehabilitation Act so that the MFEPA qualifies as the most analogous Maryland law. The MFEPA’s two-year statute of limitations applies and bars Ott’s claims. Ott did not meet the exacting standard for invoking the doctrine of equitable tolling.