Tom v. Montgomery County Public Schools, No. 8:2020cv03386 - Document 16 (D. Md. 2021)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 4/29/2021. (c/m 04/30/2021 heps, Deputy Clerk)
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Tom v. Montgomery County Public Schools Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND LINDA TOM, Plaintiff, V. Civil No.20-3386 PJM MONTGOMERY COUNTY PUBLIC SCHOOLS, Defendant. MEMORANDUM OPINION Pro se Plaintiff Linda Tom has filed this suit against her former employer Defendant Montgomery Coimty Board of Education, alleging discrimination in violation of the Age Discrimination in Employment Act of 1967(ADEA),29 U.S.C. §§ 621-534, and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12112-12117. Tom alleges that the Board subjected her to unequal terms and conditions of employment, retaliation, and constructive discharge, because of her age and disability due to breast cancer. The Board has moved to dismiss the complaint. Having considered the Board's motion and Tom's opposition thereto,the Court will GRANT the motion to dismiss. As distressing as the alleged conduct may have been for Tom personally, it does not meet even the primafacie bar for discrimination imder the ADA or ADEA. 1. Tom was employed as a special education teacher by Montgomery County Public Schools (MCPS)from August 2001 until she retired in June 2016. Her complaint states that in July 2014 Dr. Jane Ennis became principal at Glen Haven Elementary School where Tom worked. Tom,who had breast cancer, scheduled a mastectomy for June 20,2014, and informed Dr. Ennis around that time that she could not attend a meeting during her recovery from surgery. Dockets.Justia.com
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