Employers May Not “Take Adverse Employment Actions … Based on [Employees’] Race or Gender to Implement” “Diversity and Inclusion” Programs

From Tuesday’s Fourth Circuit decision in Duvall v. Novant Health, Inc., written by Judge Agee and joined by Judges Quattlebaum and Floyd (upholding a damages award of “about $4 million”): After a week-long trial, a North Carolina jury found that Novant Health, Inc. terminated David Duvall because of his race, sex, or both, in violation…