Dan Hartzog, Jr. obtained dismissal in an employment discrimination claim brought by a former community college teacher.

Plaintiff brought claims for gender discrimination under Title VII, race discrimination under the Civil Rights Act of 1866 42 U.S.C. § 1981, and the North Carolina Equal Employment Practices Act, and Negligent Infliction of Emotional Distress against a community college and two individual defendants.

Defendants moved to dismiss on the grounds that there was no adverse employment action, as plaintiff’s contract with the community college had ended, and she had failed to timely apply to teach for the following semester. Defendants further argued that the plaintiff had failed to allege any negligent conduct, and failed to allege malice sufficient to overcome public official immunity.

Following oral arguments, the motion was granted, and all claims were dismissed.

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