No. 250A04 TWENTY-EIGHTH DISTRICT
SUPREME COURT OF NORTH CAROLINA
*******************************
James Edward Imes,
) Plaintiff ) ) )
From Buncombe County
v.
) 02CVS3372 ) COA03-218
City of Asheville,
)
CCL Management, Inc., and
)
Asheville City Coach Lines, Inc.,
) Defendants. )
************************************
BRIEF OF
AMICI CURIAE
LEGAL MOMENTUM
, PEACE AT WORK, THE NORTH
CAROLINA COALITION AGAINST DOMESTIC VIOLENCE, THE NORTH CAROLINA
OCCUPATIONAL SAFETY AND HEALTH PROJECT, THE DOMESTIC
VIOLENCE
ADVOCACY CENTER, LEGAL AID OF NORTH CAROLINA
,
INC., PROFESSOR
DEBORAH M.
WEISSMAN, THE FAMILY VIOLENCE PREVENTION CENTER OF ORANGE COUNTY, AND 20
OTHER
NATIONAL, LOCAL, AND REGIONAL
ORGANIZATIONS
AND INDIVIDUALS SUPPORTING PLAINTIFF
APPELLANT AND URGING REVERSAL
************************************
INDEX
TABLE
OF
CASES AND AUTHORITIES
................
iii
QUESTION PRESENTED
.............................
1
INTEREST
OF
AMICI CURIAE
........................
2
SUMMARY
OF
ARGUMENT
.............................
3
ARGUMENT
................................
.......6
F
IRING
A
N
A
T
-W
ILL
E
MPLOYEE
B
ECAUSE
T
HE
E
MPLOYEE
I
S
A V
ICTIM
O
F
D
OMESTIC
V
IOLENCE
I
S
A
N
U
NLAWFUL
V
IOLATION
O
F
T
HE
P
UBLIC
P
OLICY
O
F
T
HE
S
TATE
O
F
N
ORTH
C
AROLINA
B
ECAUSE
I
T
I
S
C
ONTRARY
T
O
S
TATUTORY
L
AW
, J
EOPARDIZES
P
UBLIC
H
EALTH
A
ND
S
AFETY
, A
ND
O
BSTRUCTS
S
TATE
L
AW
E
NFORCEMENT
...............................
6
A. Domestic Violence Is A Pervasive Problem In The State
...............................
7
B.
Termination Of At-Will Employment Because An Employee Is A Victim Of Domestic Violence Violates The State’s
Public Policy And Is Therefore Unlawful...11
1.
At
-Will Employment Cannot Be Terminated Contrary To The State’s Public Policy
..........................11
2.
Interpreting State Law To Allow Job Termination Because An Employee Is A Domestic Violence Victim Would Violate The State’s Public Policy Reflected In Statutory Law Protecting Employment Of Domestic Violence Victims
................................15
3.
Authorizing The Firing Of An Employee Because She Is A Domestic Violence Victim Would Jeopardize The State’s Comprehensive Legal Framework For Protecting The Health And Safety Of
Such Victims And Their Children
........
21
a.
Domestic violence threatens the health and safety of victims an
d
their children
......................21
-
ii
-
b. Interpreting state law to allow job termination because an employee is a domestic violence victim would be contrary to state programs intended to safeguard the health and safety of such victims
and their families..................
25
4.
The Effective Criminal Prosecution Of Domestic Violence Offenders As Demanded By The State’s Public Policy Requires That Employees Not Be Fired For Being Victims Of Domestic Violence
...............................30
a. North Carolina’s criminal code embodies the State’s public policy against domestic violence and of protecting domestic violence victims
.............................30
b. Interpreting state law to allow employees to be discharged from their jobs because they are domestic violence victims would hinder state criminal law enforcement
.........................32
CONCLUSION
....................................36
APPENDIX
A:
I
NDIVIDUAL
S
TATEMENTS OF
I
NTEREST OF
A
MICI
C
URIAE
........................
1a
APPENDIX
B:
R
ELEVANT
S
TATUTORY
P
ROVISIONS
..........8a