Blog - Decatur Legal -

Whistleblower Files Lawsuit Against University of North Carolina

Former University of North Carolina professor Mary Willingham filed suit earlier this week against the university for claims of retaliation. After it was revealed the university offered a multitude of classes in the Afro-American studies program that required no attendance and only one paper, Willingham spoke with a local newspaper regarding her knowledge of the aptly named “paper classes.” In what the suit alleges was an act of retaliation, the university demoted the professor.

According to this CNN article, after Willingham was featured in a CNN story addressing the literacy rates of college athletes, university officials verbally attacked her. As alleged in the complaint, the harassment by UNC officials escalated after Willingham revealed research on athletes whose reading levels were comparable to that of an elementary school student. Due to the alleged unwavering harassment, Willingham announced her retirement from the university in May of this year.

The university has admitted knowledge of the “paper classes,” but placed blame on the actions of one professor, Julius Nyang’oro. As a result of the media coverage generated by the scandal, UNC has launched a new investigation into the alleged academic fraud. Former federal investigator Ken Wainstein is heading the investigation and has requested a multitude of documents, some of which date back to 1980. Additionally, Wainstein has spoken with Willingham and Nyang’oro, which the NCAA did not do during its investigation.

Oklahoma University professor Gerald Gurney is currently researching academic fraud at UNC, in addition to many other universities. Gurney stated, “I have no doubt that the scale of the North Carolina case constitutes the most significant academic fraud case in the NCAA.”

If you or someone you know thinks they have experienced employment retaliation, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

Lingerie Football League Faces Suit by Former Player

This week Melissa Margulies, former player of the Los Angeles Temptation, filed suit in Superior Court against what was for formerly called the Lingerie Football League. The all female league began as a Super Bowl halftime show. Now known as the Legends Football League, the league is made up of 10 teams across the United States and 9 teams in Canada and Australia.

As described in this article, Margulies’ suit alleges that instead of being classified as employees, players are “willfully misclassified” as independent contractors. Although the league requires players to be at practices and social events, to avoid any activity that could result in injury, and to give all publicity rights to the league, players are not given wage statements, are denied overtime, and denied reimbursement for work related expenses.

The suit reads in part, “It is difficult to imagine how players in a team sports league could ever qualify as independent contractors. The nature of team sports demands that players follow league and team rules or face discipline or termination.”

If you or someone you know thinks they have been the victim of wrongful employment practices, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

Kentucky Strikes Down Ban on Same-Sex Marriage

Earlier this year Judge John G. Heyburn II ruled that Kentucky must recognize legal out-of-state marriages. Although the state of Kentucky continues to fight this decision, eight federal judges and one federal appeals court have lifted laws banning same-sex marriage since the decision was issued. This week Judge Heyburn ruled that same-sex couples have a right to marry in Kentucky.

In his decision issued yesterday, the Honorable Heyburn wrote, “In America, even sincere and long-held religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.” “Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree.” Judge Heyburn adding,”Thus, same sex couples’ right to marry seems to be a uniquely ‘free’ constitutional right. Hopefully, even those opposed to or uncertain about same sex marriage will see it that way in the future.”

The Plaintiffs in this action are two Kentucky couples. Having lived together 34 years, Timothy Love and Lawrence Ysunza were denied a marriage license by the Jefferson County Clerk’s Office in February of this year. Without the benefits that a legal marriage offers, Love’s emergency heart surgery had to be delayed in order to prepare documents giving Ysunza decision making authority.

After being denied a marriage license, Maurice Blanchard and Dominique James refused to leave the clerk’s office. The two cohabitants of ten years were cited for trespassing and a jury convicted them of of such. Although their fine was a penny, the men have this infraction in their criminal record.

Lawyers for the state of Kentucky have argued that the ban on same-sex marriage is necessary for stability in birth rates and long-term economic health. In response to such arguments, Judge Heyburn stated, “These arguments are not those of serious people.”

If you or someone you know believes their civil rights have been violated, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

50th Anniversary of Freedom Summer

50 years ago three civil rights workers were kidnapped and murdered in Mississippi. James Chaney, Andrew Goodman, and Michael Schwerner had taken the summer off from school so as to help eligible citizens register to vote. While driving through Philadelphia, Mississippi, they got a flat tire and were pulled over by the town’s deputy sheriff, who in turn called two highway patrolman. Forty-four days later, the FBI found the young men’s bodies buried within an earthen dam. The two white students had been shot, the African-American student from Mississippi was beaten to death. Seven were convicted of the crime, the longest sentence served was six years.

After a prolonged period of civil unrest in St. Augustine, Florida, the “St. Augustine Movement” came to a head on June 18, 1964. In protest to Martin Luther King’s arrest on the steps of the Monson Motor Lodge, white and African-American protestors jumped into the motel’s whites-only pool. In an attempt to control the protestors, the manager of the hotel poured acid into the pool. The images of this horrific event are some of the most famous from the civil rights movement.

The above described represent only but two of the unimaginable events creating the entirety of the civil rights movement. The events of the summer of 1964 marked a turning point for the movement though. It was the summer of 1964 that congress ended the filibuster and approved the Civil Rights Act of 1964, making it unlawful to discriminate based on an individual’s race, color, religion, sex, or national origin.

Former Benjamin Moore Employee Sues Over Racist Paint Names

Clinton Brown and Tucker Chocolate are two of the Benjamin Moore paint names that a former employee found to be offensive, enough so to file suit against the paint company. As detailed in this article, Clinton Tucker began his employment with Benjamin Moore in 2011.

Tucker was hired in the digital marketing department and according to his suit the discrimination began almost immediately. While working on Benjamin Moore’s campaign for its Williamsburg color collection, Tucker became aware of a new color Tucker Chocolate, which according to the suit is “extremely racially offensive.” Tucker Orange and Tucker Gray are also offered as part of the paint company’s Williamsburg Collection.

The suit reads in part, “Despite (Tucker’s) repeated complaints and protestations to BM management about these appallingly racial color names, no action was ever taken by Benjamin Moore to change the names of these colors.” Other claims made in the suit are that Tucker was demoted at the time his white coworkers were promoted and his request to take Martin Luther King , Jr. Day off was denied. Benjamin Moore terminated Tucker’s employment in March of this year.

Tucker is seeking damages for discrimination, retaliation and a hostile work environment.

If you or someone you know thinks they have experienced employment discrimination and/ or retaliation, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.