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Race Discrimination

May 15, 2019

Racially based closing argument biased jury

  A Wake County man who was convicted of first-degree murder is entitled to a new trial because the trial judge allowed racially-charged statements from the prosecution during closing arguments that biased the jury, a divided North Carolina Court of Appeals panel has ruled. Chad Copley shot and killed Kourey Thomas, who was in Copley’s […]

Sep 17, 2018

Labor & Employment – Race Discrimination Claim – Racial Epithet – Retaliation

Even though defendant’s human resources manager, Jeff Tingen, vehemently denies calling plaintiff a n****r, genuine issues of material fact exist concerning whether Tingen used the racial epithet and whether Tingen’s conduct was sufficiently severe to alter the conditions of plaintiff’s employment and create a hostile work environment. The court grants in part and denies in […]

Jan 29, 2018

Labor & Employment – Race Discrimination Claim – Failure to Promote – Low Score – Retaliation Claim – Disciplinary Action

Young v. Onslow Water & Sewer Authority (Lawyers Weekly No. 002-004-18, 12 pp.) (James Dever III, C.J.) 7:16-cv-00259; E.D.N.C. Holding: Even if plaintiff had made out a prima facie case of race discrimination when defendant failed to promote her in August 2014, since the successful candidate received the highest score based on the tallied scores […]

Mar 19, 2015

Labor & Employment — Failure-to-Hire Claims Not ‘Plausible’

McCleary-Evans v. Md. Dep’t of Transportation (Lawyers Weekly No. 15-01-0249, 27 pp.) (Niemeyer, J.) No. 13-2488, March 13, 2015; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: An African-American female with over 20 years’ experience as a project manager on environmental regulatory compliance projects with two Maryland state agencies who alleges the biased decision-makers […]

Jun 4, 2013

Legislators testify about role of race in redistricting

Current and former Democratic state legislators testified Tuesday that Republican legislative leaders lacked justification to draw majority-black districts to protect themselves from federal voting rights challenges during the most recent round of redistricting that favored GOP candidates.

Oct 25, 2012

Labor & Employment – Civil Rights – Race Discrimination Claim – Job Elimination – Other Positions – Religious Organization – First Amendment

McCallum v. Billy Graham Evangelistic Association Even though the African-American plaintiff’s position was eliminated as a result of her boss’s changing responsibilities, and even though defendant did not place plaintiff in any of its open positions, plaintiff has failed to show that defendant discriminated against her on the basis of race.

Sep 19, 2012

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

Whitaker v. Nash County 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 wa[...]

Jan 14, 2011

Federal or state? Employment lawyers have strong preferences on venue

An attorney with an employment-discrimination case will most likely take the case to the nearest county courthouse to be heard by a state judge. But just as likely, the defense counsel for the employer will have it removed to federal court. It’s not exactly forum-shopping – either side has the right to have the case […]

Dec 23, 2010

Labor & Employment – Race & Sex Discrimination – Police Academy – Sexual Harassment – Hostile Environment

Mosby-Grant v. City of Hagerstown (Lawyers Weekly No. 10-01-1238, 21 pp.) (Gregory, J.) No. 09-2161, Dec. 20, 2010; USDC at Baltimore (Legg, J.) 4th Cir. Click here for the full text of the opinion. Holding: The 4th Circuit reverses summary judgment for the city on an African-American female police recruit’s sexual harassment claim, but affirms […]

Nov 18, 2010

Labor & Employment – Race Discrimination – Title VII – FMLA – 11th Amendment Immunity

Coleman v. Md. Court of Appeals. (Lawyers Weekly No. 10-01-1103, 11 pp.) (Traxler, J.) No. 09-1582, Nov. 10, 2010; USDC at Baltimore, Md. (Legg, J.) 4th Cir. Click here for the full text of the opinion. Holding: An African-American male who served as procurement director for the Maryland Court of Appeals loses his suit alleging […]

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