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Employment Law Notebook

North Carolina Jury Awards $10 Million to White Male in Race/Gender Discrimination Case

A jury in Charlotte, North Carolina has awarded a White male marketing executive $10 million in punitive damages in a race and sex discrimination case against his former employer. Plaintiff David Duvall alleged that Novant Health, Inc. violated state and federal discrimination law by terminating him despite his strong performance, solely for the purpose of promoting diversity.  In the Complaint, which was filed in the District Court for the Western District of North Carolina, Mr. Duvall alleged that Novant split his job into two jobs and promoted a white female to handle part of his duties and hired a Black female to handle the rest of the duties.  The Complaint also alleged that his termination was part of a pattern of discrimination by the company, noting that four other high-performing White male executives were replaced with female and/or non-White employees. The verdict form indicates that the jury’s decision was based on its conclusions that Mr. Duvall’s race and/or gender was a motivating factor in Novant Health’s decision to terminate him and that the company would not have made the same decision regardless of his race and/or gender.