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Employment Law Blog

Federal Express v. Holowecki: EEOC Charge Defined

In Fed. Exp. Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008), the Supreme Court held that for an employee’s filing with the Equal Employment Opportunity Commission to be deemed a “charge” under the Age Discrimination...
•July 14, 2021•
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Kimel v. Fla. Bd. of Regents: Sovereign Immunity and the Age Discrimination in Employment Act

In Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 120 S. Ct. 631 (2000), the Supreme Court held that although the Age Discrimination in Employment Act contains a clear statement of Congress’ intent to abrogate the States’...
•July 12, 2021•
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North Carolina Retaliatory Employment Discrimination Act: Retaliation Protections for North Carolina Employees

The North Carolina Retaliatory Employment Discrimination Act (NCREDA) prohibits employers from retaliating against or penalizing employees for engaging in certain protected activities. N.C. Gen. Stat. Ann. §§ 95-240 to 95-245. In general, the activities protected by NCREDA involve...
•May 26, 2021•
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Coleman v. Ct. of Appeals of Maryland: Sovereign Immunity and the Family Medical Leave Act

In Coleman v. Ct. of Appeals of Maryland, 566 U.S. 30, 132 S.Ct. 1327 (2012), the Supreme Court held that Congress did not validly abrogate States’ sovereign immunity from suits for money damages in enacting FMLA’s self-care provision....
•May 21, 2021•
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North Carolina Lawful Use Of Lawful Products Statute: Protections for Employees Who Drink Tea

North Carolina’s Lawful Use of Lawful Products Statute, N.C. Gen. Stat. Ann. § 95-28.2, prohibits employers from discriminating against employees for lawfully using lawful products during non-working hours.  The law was likely originally enacted to prevent employers from...
•May 7, 2021•
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