January 30, 2014 4th Circuit published opinion

McCray v Maryland Department of Transportation

McCray sued Department alleging she was discharged based on race, sex, and age and disability discrimination. Department moved for summary judgment. McCray requested the opportunity to conduct discovery. The district court denied her motion and granted judgment to department based on legislative immunity. The panel affirmed in part, vacated in part and remanded. It affirmed the judgment as to the age and disability claims as Department was shielded by sovereign immunity under the 11th Amendment. However, it vacated the race and sex claims because the acts alleged- removing her work duties and refusing to assign any other duties to her when her work department was overwhelmed with work- took place before any legislative action. Thus, the district court erred in denying the motion for discovery.

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