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North Carolina

Nags Head hotel settles suit over religious accommodation

08/28/2013
A hotel company that owns a Com­­fort Inn in Nags Head on the Outer Banks has agreed to settle a religious discrimination case after it stopped accommodating an employee’s religious needs.

Court: Shift change won’t support age bias claim

08/28/2013
Employees who want to sue for age discrimination have to show that an adverse employment action—such as discharge, demotion, a pay cut or other substantial benefit loss—was connected to their age. Merely being moved to another shift doesn’t qualify.

Ministerial exception protects churches from bias lawsuits

08/28/2013

While most employers have to follow federal and state anti-discrimination laws, there is a limited exception for religious organizations. Under the ministerial exception, an employee hired to preach the organization’s religious beliefs can’t sue for discrimination.

Good news for supervisors, HR pros: No personal liability under Title VII

08/28/2013
While some federal and state laws allow employees to personally sue their super­visors or an HR professional, that’s not the case for Title VII of the Civil Rights Act. Only employers can be liable for discrimination covered by that section.

Is that manager really exempt? Much depends on how she spends most days

08/28/2013
The best approach to classification is to regularly review exactly what employees actually do, day in and day out. Then measure that by what the FLSA regulations say indicates exempt status.

In Winston-Salem case, ‘non-Asian’ isn’t protected

08/28/2013
A DOL judge has shot down a discrimination complaint against Winston-Salem-based VF Jeanswear Limited Partnership, claiming it discriminated against “non-Asians” in its hiring practices in violation of Executive Order 11246, which forbids racial discrimination in hiring for government contractors.

Employee represents herself? Be patient

08/28/2013
The best approach when faced with an employee who files her own lawsuit without a lawyer’s help is to exercise patience. In almost all cases, a judge will toss out the case as soon as he or she is convinced there’s nothing there.

Hypersensitive employee? What’s hostile depends on objective analysis

08/08/2013
Don’t worry too much if a sensitive soul finds the workplace unpleasant. Absent tangible, objective evidence that an environment is truly hostile, her lawsuit won’t go far.

Warn bosses about personal liability risk

08/07/2013
Remind supervisors that the integrity of the performance evaluation process depends on their honest assessment. Providing anything less may mean a court date and personal liability under North Carolina law.

Fired in Fayetteville, former employee alleges racism

07/30/2013
A black man who was fired by the Fayetteville Public Works Com­mis­­sion (PWC) has filed a race discrimination lawsuit alleging that the commission consistently favors white employees over black employees.