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.