State of north carolina

STATE OF NORTH CAROLINA IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

COUNTY OF PITT 09 OSP 1733

______________________________________________________________________

HARESH MOTIROAM ADVANI, )

Petitioner, )

)

)

v. ) DECISION

)

EAST CAROLINA UNIVERSITY, )

Division of Finance and Administration, )

(Facilities Services), )

Respondent. )

On September 25, 2009, Administrative Law Judge Melissa Owens Lassiter heard this contested case in Farmville, North Carolina. On November 23, 2009 and November 25, 2009, the parties filed their respective proposed Decisions with the Office of Administrative Hearings. On January 11, 2010, Chief Administrative Law Judge Julian Mann, III extended the date by which the undersigned could file her Decision until February 11, 2010.

APPEARANCES
For Petitioner: Mary-Ann Leon

The Leon Law Firm, P.C.

2408 S. Charles Blvd., Suite #3

Greenville, NC 27858

For Respondent: John P. Scherer, II

Assistant Attorney General

N.C. Department of Justice

9001 Mail Service Center

Raleigh, NC 27699-9001

ISSUES

1. Whether Respondent unlawfully discriminated against Petitioner based on Petitioner’s national origin, in violation of N.C. Gen. Stat. §126-16, 126-17, and § 126-34.1 by treating Petitioner differently in the terms, conditions, and privileges of employment as compared with similarly situated employees who were not Hindu Indian, and by suspending Petitioner from employment for one week without pay?

2. Whether Respondent retaliated against Petitioner for engaging in protected activity covered under N.C. Gen. Stat. § 126-16 and 126-17 by suspending Petitioner from employment for one week without pay?
3. Whether Respondent had just cause to suspend Petitioner from employment for one week without pay in violation of N.C. Gen. Stat. §126-35?
4. Whether Respondent, by and through its supervisor Anthony Yamada, created a hostile working environment for Petitioner, based on Petitioner’s national origin, resulting in Petitioner losing tangible job benefits?

APPLICABLE STATUTES AND RULES

N.C. Gen. Stat. 126 -16, -17, -34.1, and -35