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

Narendra presents paper on proving disability in Workers’ Compensation disputes

At a recent CLE addressing North Carolina Workers’ Compensation law put on by the North Carolina Advocates for Justice, Narendra Ghosh gave a presentation based on his paper “Proving Disability in Workers’ Compensation Cases.”  Narendra’s presentation focused on how to establish causation in disability cases in light of the North Carolina Supreme Court’s recent ruling in Medlin v.

Jon Harkavy presents annual paper on SCOTUS Employment Law decisions

On October 24th, at the 30th Annual North Carolina/South Carolina Labor and Employment Law CLE held in Asheville, NC, Jon Harkavy presented his 2013-2014 annual review of the Supreme Court’s employment law cases.  His paper is entitled “2014 Supreme Court Employment Law Commentary.”  (Please download his article here.) Introduction: The October 2013 Term of the Supreme Court

Win for Burton and Narendra: Court of Appeals Affirms Dismissal of District Attorney Tracey Cline

The North Carolina Court of Appeals has affirmed a trial court order removing Durham District Attorney Tracey Cline from her office.  In re Cline, __ N.C. App. ___, 749 S.E.2d 91 (2013).  Patterson Harkavy attorney Burton Craige acted as court appointed counsel responding to Cline’s appeal of her dismissal. The controversy has its roots in

Court of Appeals Rejects REDA Claim by Pro Se Plaintiff

In Fatta v M & M Properties Management, Inc. the North Carolina Court of Appeals heard an appeal by a pro se plaintiff of the trial court’s granting of summary judgement.  Plaintiff worked for the company in one of their hotels as a property manager.  During Plaintiff’s training, he was injured while cleaning a room.  He

The 4th Circuit CoA Ruled that the EEOC could be Estopped in an ADA Enforcement Action

In EEOC v. Greater Baltimore Medical Center, Inc., Michael Turner was a unit secretary at GBMC who suffered multiple serious health conditions in 2005 that first required hospitalization in January 2005.  He was out of the work for most of the year and then suffered a stroke in December 2005.  That month he filed an application for

SCOTUS Rules that Self-Care Provision of the FMLA does not Apply to the States: North Carolina Not Affected

In Coleman v. Court Of Appeals Of Maryland, Daniel Coleman was employed by the Court of Appeals of the State of Maryland.  When he requested sick leave, he was informed he would be terminated if he did not resign.  He then filed an FMLA suit, which was dismissed on sovereign immunity grounds.  Breaking along the familiar

The 4th Circuit CoA Holds that Discrimination in the Offers of Severance Agreements can be Actionable Under Title VII

In Gerner v. County of Chesterfield, Karla Gerner was a twenty-five employee of the county whose position was eliminated in a reorganization.  She was offered a severance agreement that included three months of pay, which she rejected.  The county then terminated her without any severance.  She filed suit under Title VII, alleging sex discrimination in that male