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Race Discrimination Claim

Oct 3, 2016

Labor & Employment – Race Discrimination Claim – Hostile Environment – Supervisor’s Slurs – Imputation to Employer

Tribble-Toney v. Palmetto Health Baptist Hospital (Lawyers Weekly No. 002-190-16, 13 pp.) (Terry Wooten, C.J.) 3:15-cv-01070; D.S.C. Holding: Where plaintiff contends that her direct supervisor repeatedly made racially based offensive comments and forwarded her multiple emails which had similarly offensive content, there is a genuine issue of material fact as to whether the supervisor’s statemen[...]

Sep 15, 2015

Labor & Employment – Race Discrimination Claim – Adverse Employment Action – Heightened Scrutiny – Unattainable Goals

Bradley v. U.S. Foods, Inc. (Lawyers Weekly No. 002-159-15, 14 pp.) (R. Bryan Harwell, J.) 4:14-cv-01772; D.S.C. Holding: Plaintiff’s assertion that “heightened scrutiny” of his accounts constitutes an adverse employment action is not supported by case law in the 4th Circuit. Moreover, there is nothing in the record to show that plaintiff experienced more scrutiny […]

May 9, 2014

Labor & Employment – Civil Rights – Race Discrimination Claim – Boss’s Race

Ferguson v. Waffle House, Inc. (Lawyers Weekly No. 002-102-14, 10 pp.) (Sol Blatt Jr., Sr.J.) 9:12-cv-01740; D.S.C. Holding: The fact that some of the individuals who allegedly discriminated against plaintiff are the same race as plaintiff is not a dispositive fact when determining whether racial discrimination occurred; nevertheless, it is a relevant consideration in light […]

Jan 26, 2012

Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal

Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

May 4, 2011

Labor & Employment – Race Discrimination Claim – Hostile Environment – Supervisory Response

EEOC v. Xerxes Corp. An employer survives summary judgment on most of the EEOC's claims of a hostile work environment at a Maryland fiberglass tank plant, characterized by racial harassment of several African-American employees by multiple white employees over a two-year period, from racist slurs to a KKK threat and picture of a person hanging by a noose; but the 4th Circuit vacates summa[...]

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