Fourth Circuit discusses employers’ duty to combat hostile work environments created by third parties

Yesterday, the Fourth Circuit Court of Appeals ruled in favor a plaintiff filing suit over a racially hostile work environment.  The opinion contains an important discussion of employers’ responsibility to combat hostile work environments created by anonymous third parties. The plaintiff in the case, an African American flight attendant with United Airlines, received an anonymous racist

Victory: Court of Appeals finds tenure repeal unconstitutional

Earlier this week, the North Carolina Court of Appeals ruled in favor of Patterson Harkavy’s clients, finding that the state’s 2013 repeal of teacher tenure violated the North Carolina Constitution and the United States Constitution. For over forty years, North Carolina public school teachers have been able to earn “career status” after successful completion of

Court of Appeals rules in favor of Narendra’s client, vacating criminal conviction

Yesterday, the North Carolina Court of Appeals issued a published opinion in favor of Narendra Ghosh’s client Kenneth Leak.  The Court vacated Mr. Leak’s conviction for possession of a firearm by a felon, finding that it was obtained in a manner that violated Mr. Leak’s rights under the Fourth Amendment to the United States Constitution. Mr. Leak had

Fourth Circuit expands protections for harassment victims

Yesterday afternoon, the Fourth Circuit issued an en banc decision supporting the rights of workplace harassment victims.  See Boyer-Liberto v. Fountainebleau Corporation, No. 13-1473 (May 7, 2015).  The opinion offers important insight into what level of harassment is sufficient to support a claim over a hostile work environment, the scope of victims’ protections when they

Judge Hobgood issues written order declaring tenure repeal unconstitutional

Yesterday, Judge Hobgood issued an order putting into effect his prior ruling enjoining the repeal of teacher tenure in North Carolina.  The ruling rolls back the General Assembly’s attempt to retroactively eliminate public school teachers’ employment protections.   It also relieves school districts of the obligation to offer 25% of their teachers a small raise if

Victory: Tenure repeal declared unconstitutional

At 11 am this morning, Superior Court Judge Robert Hobgood sided with Patterson Harkavy’s attorneys and ruled that legislation stripping teachers of their vested employment rights violated the North Carolina and the United States Constitutions. For over forty years, North Carolina public school teachers have been able to earn “career status” after successful completion of a four-year

Voucher victory as Court of Appeals permits preliminary injunction to remain in place

Advocates for private school vouchers suffered another defeat today, as the North Carolina Court of Appeals left in place Judge Hobgood’s order enjoining the state’s private school voucher scheme. The North Carolina General Assembly enacted the scheme in 2013.  If implemented, it would divert money from North Carolina’s public schools to subsidize private school students’

Judge Hobgood issues written order enjoining voucher scheme

Judge Hobgood issued an order yesterday afternoon putting into effect his prior ruling enjoining North Carolina’s private school voucher scheme. Patterson Harkavy’s Burton Craige, attorney for the plaintiffs, explained, “Judge Hobgood enforced the plain language of the North Carolina Constitution.  Public funds for education must be used ‘exclusively’ for establishing and maintaining a uniform system of