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.
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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