Labor & Employment – Civil Rights — Race Discrimination – Retaliation Claim – Termination – FMLA Leave – Failure to Promote

Whitaker v. Nash County (Lawyers Weekly No. 12-03-0955, 32 pp.) (Louise W. Flanagan, J.) 5:11-cv-00015; E.D.N.C.

Holding: Although plaintiff did file an EEOC charge alleging race discrimination, since (1) her doctor would not certify her as fit at the end of her 12 weeks of FMLA leave, (2) defendants determined that plaintiff’s position was critical, and (3) plaintiff did not take defendants up on their offer to suggest accommodations, plaintiff has not shown that her termination was in retaliation for her EEOC charge.

Defendants’ motion for summary judgment is granted.

Plaintiff also failed to show that defendant retaliated against her when it promoted people with more experience than plaintiff.