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Filing EEOC Charge Precludes Complaint Under North Carolina Disability Law.

In a case handled by Ford & Harrison attorneys Wade Ballard and David Tyner, an appeals court in North Carolina has held that an individual cannot file a complaint in state court under North Carolina’s disability law if that person has filed a charge under the Americans with Disabilities Act (ADA) with the Equal Employment Opportunity Commission (EEOC). See Bowling v. Margaret R. Pardee Memorial Hospital (Oct. 17, 2006). The decision in this case is the first time an appeals court has specifically addressed the issue of whether the filing of an administrative charge precludes the filing of a state court claim under the North Carolina Disabilities Act (NCDA).
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