State Commission on Human Relations v. Suburban Hospital, Inc.

⁴¹⁵ JOHN F. McAULIFFE, Judge (retired), Specially Assigned. This case involves an attempt by the State of Maryland Commission on Human Relations (the Commission) to obtain ex parte and interlocutory relief against Suburban Hospital, Inc. (the Hospital) for the benefit of Dr. Carol L. Bender. The Commission contends that the Hospital is discriminating against Dr. Bender because of her sex by imposing conditions on the renewal of her staff privileges at the Hospital. Dr. Bender filed a complaint with the Commission in August, 1993, alleging sexual discrimination.

In November, 1995, the Commission issued a written finding of “probable cause” and initiated conciliation efforts. In February, 1996, after finding that conciliation attempts had failed, the Commission filed a statement of charges with the State Office of Administrative Hearings and requested a public hearing. That administrative proceeding is pending. On February 20, 1996, the Commission filed a complaint in the Circuit Court for Montgomery County, seeking ex parte and interlocutory injunctive relief, including the continuation of Dr. Bender’s privileges pending the outcome of the administrative proceeding.

The Commission, relying on Sections 4 and 16(a) of Article 49B of the Maryland Code (1957, 1994 Repl.Vol.), alleged that: The Hospital has engaged in unlawful discriminatory employment practices by discriminating against Dr. Bender in the terms, conditions and privileges of her employment, and by interfering with, restricting, and attempting to foreclose her opportunities for employment with patients and with other third parties, all because of her sex. Counsel for the hospital filed a prompt response, arguing, among other things, that an injunction should not be granted because: The Commission cannot meet the four-prong test for the grant of injunctive relief—likelihood of success on the merits, likelihood of greater harm by denying than granting the ⁴¹⁶ injunctive relief, irreparable harm to Dr. Bender, and serving the public interest. In particular, the Hospital argued that the Commission’s likelihood of ultimate success on the merits was improbable because Dr. Bender was not an employee of the hospital, and she was therefore not entitled to the protection of the Maryland Fair Employment Practices Act, Maryland Code (1957, 1994 Repl.Vol.), Art. 49B, §§ 14-18. On February 21, 1996, the Circuit Court acted on the Commission’s request without a hearing.

Judge James Ryan wrote the word “Denied” across the face of the proposed order submitted by the Commission, and signed and dated his action. The Commission appealed on the same day. In the Court of Special Appeals, the Commission contended that the circuit judge had abused his discretion in refusing to issue an ex parte injunction and in refusing to issue an interlocutory injunction. The Hospital argued that the issues were moot because its Board of Trustees had denied Dr. Bender’s application for reappointment on February 21, 1996, and had therefore