RYAN BOLICK (Charlotte) and JANELLE LYONS (Charlotte) obtained Dismissal of all Plaintiff’s claims against a Municipality and its Board of Elections in the Eastern District of North Carolina Federal Court. Plaintiff was not promoted to Director of the Board of Elections and she filed suit alleging employment discrimination based on race, gender, and retaliation under Title VII, 42 USC §1981, §1982, and §1983 seeking compensatory and punitive damages, attorney’s fees and costs, and that Defendants be enjoined from engaging in any employment practices shown to be discriminatory and in violation of Title VII . The Court held that the Municipality and its Board of Elections had presented sufficient evidence that the decision to hire someone other than the Plaintiff was based upon legitimate non-discriminatory reasons. The Court also held that Plaintiff’s evidence was insufficient to establish that the Municipality and the Board of Elections’ reasons for their decision to hire someone other than the Plaintiff were pretext and that the real reason for the refusal to promote was discriminatory. As a result, Plaintiff’s claims were dismissed with prejudice as a matter of law.
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