Norman v. NC Dep’t of Admin.Â

IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA17-328 Filed: 6 February 2018 Wake County, No. 15 CVS 4544 RASHIA NORMAN, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, Defendant. Appeal by plaintiff from order entered 21 December 2016 by Judge Michael R. Morgan in Wake County Superior Court. Heard in the Court of Appeals 20 September 2017. Schiller & Schiller, PLLC, by David G. Schiller, for plaintiff-appellant. Attorney General Joshua H. Stein, by Assistant Attorney General Ann Stone, for defendant-appellee. ELMORE, Judge. Rashia Norman (“plaintiff”) appeals from an order granting summary judgment in favor of the North Carolina Department of Administration (“defendant” or “NCDOA”) on plaintiff’s Title VII employment discrimination and retaliation claims. On appeal, plaintiff argues that she has demonstrated at least two genuine issues of material fact, and that the trial court should not have granted summary judgment on any of her claims. After careful review, we disagree and hold that the NORMAN V. NCDOA Opinion of the Court trial court did not err in granting summary judgment in favor of defendant. Accordingly, we affirm the order of the trial court. I. Background On 23 February 2010, plaintiff began probationary employment as a parking booth attendant with the State Parking Division of the NCDOA. Plaintiff’s immediate supervisor at the NCDOA was Mr. Derrick Moore, a parking operations manager. However, Mr. Moore was on family medical leave from 4 March 2010 until 1 June 2010, during which time plaintiff was supervised by Ms. Catherine Reeve, a state parking director. Plaintiff read and signed the NCDOA’s unlawful workplace harassment policy on 10 March 2010. While under Ms. Reeve’s supervision, plaintiff left her booth unattended on more than one occasion, and she had to be counseled by Ms. Reeve regarding the importance of remaining at her assigned post. Because plaintiff was still in the learning stages of her probationary employment, no formal disciplinary measures were taken against her at that time. Mr. Moore returned to work in June 2010. According to plaintiff, between late June and July 2010, Mr. Moore made multiple inappropriate comments of a sexual nature toward plaintiff. For example, Mr. Moore told plaintiff that he liked how she walked and twisted her hips; that she had a “big butt” and “don’t let nothing out”; and that he liked a woman “with meat on her bones.” Additionally, over the course -2- NORMAN V. NCDOA Opinion of the Court of several days in July 2010, Mr. Moore pulled on plaintiff’s bag and arm, touched her hair, held her hand, and asked her to eat lunch with him in his office; plaintiff declined Mr. Moore’s request and told him to stop his inappropriate behavior. On one occasion, when plaintiff told Mr. Moore that she needed booth supplies, Mr. Moore responded in a low, breathy voice, “What else do you need?” Mr. Moore also told plaintiff that “his good word” would get her a promotion. In late July 2010, plaintiff told a co-worker about Mr. Moore’s behavior, which the co-worker then ...

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