Insignia Residential Corp. v. Ashton

ELDRIDGE, J., concurring. I concur in the judgment for the reasons set forth in my concurring and dissenting opinion in Watson v. Peoples Security Life Ins. Co., 322 Md. 467, 487 , 588 A.2d 760, 770 (1991); in Judge Adkins’s dissenting opinion, joined by Judges Eldridge and Cole, in Chappell v. Southern Maryland Hosp., 320 Md. 483, 498-503, 578 A.2d 766, 774-776 (1990); and in Judge Adkins’s dissenting opinion, joined by Judges Eldridge and Cole, in Makovi v. Sherwin-Williams Co., 316 Md. 603, 627-646 , 561 A.2d 179, 190-200 (1989). See also Caldor v. Bowden, 330 Md. 632, 677 , 625 A.2d 959, 980-981 (1993) (Eldridge, J., joined by Bell, J., dissenting).

An employee such as the plaintiff Ashton, who is discharged from her employment because she refuses to engage in sexual intercourse with one of her employer’s officials, clearly has a common law cause of action in tort for abusive discharge under the principles set forth in Adler v. American Standard Corp., 291 Md. 31 , 432 A.2d 464 (1981). That common law cause of action under Adler should not be precluded simply because there may exist limited statutory remedies under the Human Relations Article of the Maryland Code (Art. 49B) or Title VII, particularly since this Court has held that the Art. 49B and Title VII remedies are neither