Call Us 919-240-4054We often receive calls from potential clients who have just received a “right to sue” letter from the Equal Employment Opportunity Commission (EEOC). Sadly, at this stage it is often too late for us to take the case. If you think you have been discriminated against or retaliated against you have the right to file a charge […]
Retaliation
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In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on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 […]
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 cases on REDA and appellate procedure
Two opinions of note were issued by the North Carolina Court of Appeals yesterday. The first, Beard v. Cumberland County Hospital System, concerns North Carolina’s Retaliatory Employment Discrimination Act (REDA). REDA prohibits discrimination or retaliation against an employee for, among other things, filing a workers’ compensation claim. N.C. Gen. Stat. § 95-241(a)(1). The discrimination or retaliation can be […]
NC Court of Appeals supports wrongful discharge claim
In Combs v. City Electric Supply Company, the Court of Appeals reversed the trial court in large part, concluding that the plaintiff had presented sufficient evidence to support a claim of wrongful discharge in violation of public policy and tortious interference with contract. The Court, however, upheld the dismissal of the plaintiff’s Unfair and Deceptive […]