Arsham v. Mayor & City Council of Balt.

Opinion

 [*842]  MEMORANDUM

Pending before the Court is a motion to dismiss filed by the Defendant, the Mayor  [*843] and City Council of Baltimore (the "City"). (ECF No. 14.) The City seeks dismissal in part of Plaintiff Elie Arsham's first amended complaint. (ECF No. 7.) The motion has been fully briefed (ECF Nos. 17, 20), and no hearing is required, Local Rule 105.6 (D. Md. 2014). The motion will be granted in part and denied in part.

I. Background

Arsham's complaint alleges she was discriminated against in her employment in the City's Department of Public Works ("DPW") "due to national origin or perceived national origin, gender, a hostile work environment, [and] disparate treatment." (1st Am. Compl. ¶ 2.) Arsham also alleges she was subjected to unlawful retaliation and intentional or negligent infliction of emotional distress. (Id.) She pleads three counts: Discrimination in violation of 42 U.S.C. § 2000e and "MD Code § 20-1013" (Count I), retaliation in violation of the [**2]  same statutes (Count II), and intentional and/or negligent infliction of emotional distress (Count III). In its motion, the City advanced five grounds to support dismissal:

1. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. does not recognize a cause of action for discrimination based on "perceived national origin."

2. Plaintiff's failure to comply with the Maryland Local Government Tort Claims Act bars her state law claims against the City.

3. Maryland law does not recognize a cause of action for negligent infliction of emotional distress.

4. Plaintiff failed to set forth a cognizable claim for intentional infliction of emotional distress under Maryland law.

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