ONLINE UPDATE: Berger files discrimination charge

by Kelly Corbett
Monday, August 19, 2013

While his appeal case is ongoing, former commissioner Brian Berger filed a charge of employment discrimination against the New Hanover County Board of Commissioners with the U.S. Equal Employment Opportunity Commission.

Berger states his discharge from the board was discriminatory based on his disability. While he does not name his disability in the charge documents, Bergerís attorney Christopher Anglin asked witness Carolyn Bordeaux during the May 20 amotion hearing if she knew he had been diagnosed with autism. She said she did.

Berger also claims he was harassed because of his disability, beginning in January 2011.

The charge, filed on Aug. 15, requests a response by Sept. 3, or offers an option for the commissioners to express interest in a mediation program by Aug. 27.

The Brian Berger v. New Hanover County Board of Commissioners case is awaiting supplemental briefs from both parties, with responsive briefs due by Aug. 29, before Special Superior Court Judge for Complex Business Cases James Gale makes a ruling.

Gale ruled in favor of the New Hanover County Board of Commissioners for a recently filed motion for protective order.

On Aug. 15, the county requested a halt on all discovery, facts or evidence in the case, due to increased litigation costs. The order further requests the plaintiff, Berger, pay reasonable expenses, including counsel fees, for the order.


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