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Can a Texas attorney (not licensed outside TX / Fed 5th Circuit) give employer's response to an EEOC (ADA) charge based in MD?

Baltimore, MD |

I live in MD, filed a disability discrimination charge with EEOC, Baltimore, MD. Employer is located in MD (headquartered in N. Carolina).

Employer forwent mediation and submitted a "statement of position". The EEOC forwarded same to me (however, oddly, the attorney's information on the each of the 6 pages was redacted... by who I don't know, but, with the proper lighting, I was still able to view it). Turns out the attorney is in Texas and not admitted to practice in MD, NC or DC (only in TX and surrounding federal districts and 5th circuit court of appeals).

Should I challenge the employer's statement of position to EEOC for having been written by an attorney not admitted to the local jurisdiction (is the attorney's location material to the validity of the employer's statement)?

Attorney Answers 2


The short answer to your question is no. I don't believe the fact that the company's attorney is not licensed in Maryland gives you grounds to challenge the Position Statement.

I have often seen EEOC investigative files where counsel for the company attorney is not licensed in Arizona, yet the employer, employee, and the job are all in Arizona. Even if you ultimately file suit against the employer and that same attorney wanted to represent the company in Maryland, there is a process in place called pro hac vice that allows out of state attorneys to appear before a court in a state where they have no license. There are requirements to appear pro hac vice (application, sponsor, filing fee, etc...), but it happens frequently.

My experience is based on what I have seen in Arizona. If the process is different in Maryland, I would ask my MD colleagues to weigh in. Good luck.

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No. You do not have rights to challenge the corporate employer's statement of its position because of the licensing of the attorney who assisted in its preparation and submission. And even if you did, why would you exercise that right? It would bring you no conceivable benefit. You are in mediation -- you get nothing from mediation except what the employer is willing to give. Don't you get that? There is no forfeit or winning by default in mediation.

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Please re-read the first sentence of paragraph two: "employer forwent mediation...". The employer did not want to mediate the matter and instead submitted a "statement of position" to challenge the employee's EEOC(ADA)/Maryland Commission on Civil Rights discrimination charge, thereby asking the Commission(s) to find "no cause" for the charge. DON'T YOU GET THAT?... THERE IS NO MEDIATION!

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