Johnson v. N.C. Dep't of Pub. Safety

MURPHY, Judge.

*51 This case requires us to consider whether the Administrative Law Judge ("ALJ") erred in applying the McDonnell Douglas burden-shifting framework, rather than the Price Waterhouse mixed-motive burden-shifting framework, in determining a claim of alleged discrimination on the basis of sex. We conclude the ALJ applied the incorrect burden-shifting framework. While we reverse and remand for further proceedings, we dismiss as moot Appellant's argument that the ALJ erred in concluding that NCDPS improperly denied her veteran's preference.

BACKGROUND

On 7 February 2017, the North…