CHAPMAN v. OAKLAND LIVING CENTER, INC.

No. 20-2361.

48 F.4th 222 (2022)

Tonya R. CHAPMAN, Plaintiff-Appellant, v. OAKLAND LIVING CENTER, INC.; Arlene Smith; Michael Smith; Steve Smith, Defendants-Appellees. Equal Employment Opportunity Commission, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 30, 2022.


Attorney(s) appearing for the Case

ARGUED: Kimberly Veklerov , Gregory Eng , UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellant. Jonathan Woodward Yarbrough , CONSTANGY, BROOKS, SMITH & PROPHETE, LLP, Asheville, North Carolina, for Appellees. Jeremy Daniel Horowitz , U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Amicus Curiae. ON BRIEF: J. Scott Ballenger , Jennifer Elchisak , Third Year Law Student, Zev Klein , Third Year Law Student, Jehanne McCullough , Third Year Law Student, Carly Wasserman , Third Year Law Student, Appellate Litigation Clinic, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellant. Jill S. Stricklin , CONSTANGY, BROOKS, SMITH & PROPHETE, LLP, Winston-Salem, North Carolina, for Appellees. Gwendolyn Young Reams , Acting General Counsel, Jennifer S. Goldstein , Associate General Counsel, Sydney A.R. Foster , Assistant General Counsel, Anne W. King , Appellate Litigation Services, Office of General Counsel, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Amicus Curiae.

Vacated and remanded by published opinion. Judge King wrote the opinion, in which Judge Wynn and Senior Judge Keenan joined.


Tonya R. Chapman, the Black plaintiff in this civil rights action on appeal from the Western District of North Carolina, alleges that she was subjected to multiple instances of racial harassment and other discrimination during two periods of employment with the defendant Oakland Living Center, Inc. ("OLC"). According to Chapman...

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