Sutton v. North Carolina Department of Labor

GREENE, Judge.

The North Carolina Department of Labor (NCDOL) appeals from the Superior Court’s reversal and remand of the State Personnel Commission’s (SPC) order determining, inter alia, that Sidney Cheryl Sutton (Plaintiff) was not discriminated against based on her sex when she was not promoted to the position of Safety Compliance Officer I (SCO-I).

Plaintiff, a female State employee of NCDOL, applied for a promotion to one of five SCO-I positions available in April of 1995. Plaintiff was denied the promotion, and all five positions were filled by male applicants. Plaintiff alleges she was…