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JOHNSON v. NC DEPT. OF PUBLIC SAFETY

No. COA18-822.

830 S.E.2d 857 (2019)

Wendy JOHNSON, Petitioner, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Respondent.

Court of Appeals of North Carolina.

Filed: June 18, 2019.

Attorney(s) appearing for the Case

Pope McMillan, P.A., by Clark D. Tew , Mooresville, for petitioner-appellant.

Attorney General Joshua H. Stein , by Assistant Attorney General Tamika L. Henderson , for respondent-appellee.

This case requires us to consider whether the Administrative Law Judge ("ALJ") erred in applying the McDonnell Douglas burden-shifting framework, rather than the Price Waterhouse mixed-motive burden-shifting framework, in determining a claim of alleged discrimination on the basis of sex. We conclude the ALJ applied the...

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