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Bias plaintiffs must suffer discrimination themselves

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in Discrimination and Harassment,Human Resources

Here’s an important thing to remember if your organization is hit with a series of discrimination cases: Even if some are legitimate, that doesn’t mean every member of a protected class can sue.

Each employee must still show that he or she, individually, experienced discrimination in some specific way.

Recent case:
Ruby Holiday worked for New Hanover County’s recorder of deeds. She was fired for alleged insubordination and attendance issues.

Holiday sued, alleging that blacks such as her had been discriminated against by their government employer.

But the court tossed out her case. In its opinion, it said even if it were true that the county government had a pattern and practice of discrimination against black employees, Holiday would still have to show an example of how she had directly been discriminated against. (Holiday v. New Hanover County, No. 07-2120, 4th Cir., 2009)

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