Call Us 919-240-4054In Staub v. Proctor Hospital, the US Supreme Court just issued an important unanimous decision in this military-service-based discrimination case. This case concerns the so-called “cat’s paw” theory of liability, under which one supervisor acts with discriminatory intent against the plaintiff, but the plaintiff is actually fired by another supervisor. The case arose under the Uniformed Services […]
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NC Supreme Court sends parking lot case back to Commission
The North Carolina Supreme Court has sent a tricky workers’ compensation case back the Industrial Commission for additional fact-finding. Cardwell v. Jenkins Cleaner involves a plaintiff who was injured when she slipped on some black ice three feet away from the back door to her office. Our coverage of the Court of Appeals’ split-decision in […]
Fourth Circuit rules USERRA retaliation claim can go to trial
In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on his USERRA retaliation claim. USERRA is a federal statute that protects armed service members from being discriminated in employment because of their service. Like other anti-discrimination […]
Supreme Court endorses associational retaliation claim
Late last month, in Thompson v. North American Stainless, the Supreme Court unanimously concluded that firing a worker’s fiancé in retaliation for a sex discrimination claim filed by the worker is itself unlawful retaliation under Title VII. The anti-retaliation provision of Title VII prohibits any employer action that “well might have dissuaded a reasonable worker from making […]
NC Court of Appeals’ latest decisions on workers’ compensation
The North Carolina Court of Appeals published two opinions on workers’ compensation earlier this month. The first, Blalock v. Southeastern Materials, involved an award of attorneys’ fees as a sanction for unreasonable defense. N.C.G.S. § 97-88.1 permits the Industrial Commission to award a plaintiff the costs of his attorneys’ fees if the case had been defended without […]
EEOC sees increase in discrimination claims
In the past year, the Equal Employment Opportunity Commission (EEOC) has seen 7.2 % in discrimination claims being filed with agency. Coverage here. The EEOC handles charges under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA. EEOC Chair Jacqueline A. Berrien stated, “Discrimination continues to be a substantial problem for too many job […]
NC Court of Appeals rejects workers’ compensation settlement agreement
In Kee v. Caromont Health, Inc., the North Carolina Court of Appeals upheld the Industrial Commission’s rejection of a compromise settlement agreement. The agreement originally reached by the parties involved the defendants paying plaintiff $20,000, the plaintiff resigning from her employment, and the plaintiff releasing all of her employment rights. After plaintiff refused to sign the […]
NC Court of Appeals supports employment contract claim
In Lockett v. Sister-2-Sister Solutions, Inc., the North Carolina Court of Appeals reversed the dismissal of a breach of contract claim based on the plaintiff’s employment. In this case, the plaintiff had an employment contract with the defendant that provided that he could only be fired for cause. The Court held that “an employment relationship that […]
Disturbing trend of more temporary workers
The New York Times highlights a disturbing trend that has occurred during the Great Recession: the greater percentage of workers being hired as temporary employees instead of permanent ones. Temporary workers often get lower wages, have little or no benefits, less job security, and less chance of promotion and a lasting career. This is obviously bad […]
North Carolina judges Diaz and Eagles confirmed to federal bench
Ending two ridiculously long waits, the Senate has finally confirmed Charlotte Judge Albert Diaz to the Fourth Circuit Court of Appeals and Greensboro Judge Catherine Eagles to the Middle District of North Carolina. Both will be excellent judges, and their confirmations have been long overdue. Other North Carolina nominations are still pending though. Former Magistrate Judge Max […]
