Judge Thomas D. Schroeder of the U.S. District Court for the Middle District of North Carolina denied UNC’s motion to dismiss Counts 1 and 2 of Hairston’s amended complaint on April 20, 2026.

Hairston, a black woman, was hired by UNC as a background check specialist in September 2022. Her six-month review described her performance as “exceptionally well,” and she continued to perform at that level until her termination.

In April 2023, Hairston reported an inappropriate comment made by KP, a white male co-worker, to her supervisor, Karressa Overbey. Overbey filed a complaint with UNC’s Equal Opportunity and Compliance Office, which interviewed Hairston in July 2023.

In September 2023, KP interrupted Hairston during a virtual meeting, disconnected her, and falsely reported to his supervisor, Ceresa Aberg, that Hairston had refused to provide feedback. Aberg terminated Hairston one business day before the completion of her probationary period.

No disciplinary action was taken against KP. Hairston alleges Aberg treated KP preferentially because of his race and that her termination was based on her race or her participation in the July investigation.

The court held that Hairston plausibly alleged satisfactory job performance, tethering her claim to the specific language in her six-month review. The court also found she adequately alleged that KP was similarly situated in relevant respects, noting that both were background specialists with the same immediate supervisor.

Regarding disparate treatment, the court held that Hairston sufficiently alleged that Aberg accepted KP’s account over her own after a cursory interview. The court ruled that UNC’s argument regarding legitimate, non-discriminatory reasons was premature at the pleading stage.

On the retaliation claim, the court held that the two-month interval between the July investigation and the September termination was sufficiently proximate to support a causal link at the motion to dismiss stage. The court noted that Aberg, as Overbey’s supervisor, was made aware of the investigation.

Count 3 of the complaint, a wrongful discharge claim under North Carolina law, was dismissed because Hairston expressly withdrew it.