Novant Health Discrimination Lawsuit

One of the key challenges facing businesses right now is the addressing of diversity in the workplace. There is great pressure for corporations to increase racial, ethnic, and gender diversity on boards, as well as in other positions of seniority. The consensus from most individuals is that this is a good thing, and increasing the diversity of workers and senior management has broad support from the majority of large corporations in the United States. However, there are questions asked about how this can be done fairly. A case in point is the successful lawsuit filed against Novant Health on behalf of David Duvall, a former top executive at the organization. Duvall argued in court that he was fired in 2018 without warning or reason as part of Novant Health’s plans to increase diversity at the boardroom level. In October 2021, Duvall won his case, with a North Carolina court ruling that the dismissal was unfair and based on his (white) ethnicity. Duvall initially won $10 million in his Novant Health discrimination lawsuit.

David Duvall was a senior vice president at Novant Health before being terminated from his role in 2018. Duvall launched a discrimination lawsuit against the North Carolina-based healthcare provider in 2019, arguing that he was fired due to being both white and male. Duvall pointed to the promotion of one Black woman and one white woman to replace him after his dismissal, arguing that his firing contravened both the Civil Rights Act of 1964 and North Carolina’s Equal Employment Practices Act. Novant Health argued that Duvall was fired for subpar performance. When the Novant Health discrimination lawsuit concluded in October 2021, the jury sided with Duvall and awarded him $10 million. Novant Health’s lawyers vowed to appeal the decision.

The Novant lawsuit pursued by David Duvall is an example of a growing legal and social phenomenon called reverse discrimination, which is sometimes used interchangeably with terms like positive discrimination and affirmative action. As firms and other organizations pursue a more diverse make-up of members and employees, a follow-up effect is that it can lead to discriminatory actions against those currently holding a position. The problem arises from the fact that many laws and employment regulations specifically say that discrimination is illegal when it comes to hiring and promotion. Thus, in cases like David Duvall’s Novant Health lawsuit, the organization was deemed to have broken the law.

David Duvall’s Novant Healthcare unfair dismissal lawsuit was certainly not the only reverse discrimination lawsuit filed in recent years. Indeed, reverse discrimination lawsuits have been common since the 1990s. However, the Novant Healthcare discrimination case became national news, not least due to the size of the compensation involved. The $10 million originally awarded to David Duvall for reverse discrimination compensation was later reduced to $3.89 million by a judge. 

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• January 1, 2025 - Atrium, Novant are among the largest hospitals in the country, new report finds.
• August 1, 2024 - A class action lawsuit was filed against Novant Health alleging gender discrimination and violation of the Equal Pay Act. The lawsuit claims that female employees were paid less than their male counterparts for performing similar roles​​.
• July 1, 2024 - Federal judge approves Novant's $6.6 million patient info settlement
• June 1, 2024 - White NC hospital executive fired because of Novant’s DEI plans, appeals court rules.
• April 1, 2024 - Charlotte woman suing Novant for negligence over baby's death.
• March 1, 2024 - FTC sues Novant Health to block $320M acquisition.
• February 1, 2024 - FTC Sues to Block Novant Health's Acquisition of Two Hospitals from Community Health Systems.
• January 1, 2024 - Novant employees impacted as digital services transferred to 'external partner'.
• December 1, 2023 - BBB (Better Business Bureau) - Novant Health Complaints.
• November 1, 2023 - State treasurer responds to reports hospitals have ceased suing patients over debt.
• July 1, 2023 - Novant was frontrunner for Pender hospital sale, no other providers considered.
• May 1, 2023 - Mount Nittany Health shared secretly patient information with Facebook and Google, a lawsuit claims.
• March 1, 2023 - Novant faces a lawsuit over alleged improper health data sharing practices.
• February 1, 2023 - Neil Basta, a deaf father, can continue his lawsuit against Huntersville hospital based on unanimous ruling Tuesday by the 4th U.S. Circuit Court of Appeals. Basta claims that Novant Health Huntersville did not provide the interpretive services required under federal law to his wife during her hospitalization for childbirth.
• January 1, 2023 - U.S. Appeals Court revives deaf father's lawsuit against Huntersville hospital. Neil Basta claims that Novant Health Huntersville did not provide the interpretive services required under federal law for his wife's childbirth hospitalization.
• December 1, 2022 - Novant Health, insurer settle lawsuit over COVID-19 claims.
• November 15, 2022 - Duke University Hospital has asked a court to throw out a lawsuit over data tracking on its website. The story implicated Atrium Health Carolinas Medical Center, Duke University Hospital, Novant Health & WakeMed.
• October 1, 2022 - Novant Health execs respond to critics' claims they put profit over patients.

The Novant Health discrimination lawsuit likely concluded in the summer of 2022 after a judge reassessed the $10 million lawsuit payout awarded to David Duvall in August. It remains to be seen whether Duvall or Novant Health will continue to pursue the discrimination lawsuit in court. However, Novant Health is facing other legal action, including the possibility of a Novant Health class action lawsuit due to a massive data breach. The breach, which saw the leak of 1.3 million patients’ data onto Facebook, has been cited as one of the largest data breaches this year. It is entirely possible that those affected by the data breach will pursue financial compensation after the breach.

The Novant Health settlement payout was certainly a large amount of money in the case of David Duvall, but rewards for each reverse discrimination employment lawsuit would be calculated on their own merits. For example, when awarding the downgraded amount of $3.89 million to Duvall, the judge took into consideration loss of earnings, interest to cover inflation, and punitive damages.

The Novant Health reverse discrimination lawsuit is not a class action lawsuit. It was an individual case brought against the company by a former employee. However, Novant Health is facing other lawsuits, some of which might be consolidated into a class action. For instance, the company was threatened with a class action lawsuit in March of 2022 due to the alleged practice of hiding fees in medical expense bills. One case saw a woman charged $2,000 as a “visitation fee” for visiting the emergency room. Other lawsuits against Novant Health have been mooted for data breaches of patients’ sensitive medical records and other personal information. If you wish to join a Novant Health class action lawsuit, you should contact a lawyer for more information to see if you qualify.

What is The Novant Health Discrimination Lawsuit?

The Novant Health lawsuit for discrimination was a legal case taken by a former employee, David Duvall, who alleged he was fired for being a white male. A jury later ruled that Mr. Duvall was discriminated against and awarded him a sum of $10 million, which was later reduced to $3.89 million.

What system does Novant Health use?

Novant Health uses the CIN system, a Clinically Integrated Network that fosters collaboration among hospitals, physicians, and other types of patient care to deliver a more efficient and diligent service for patients.

Who owns Novant Health Charlotte NC?
Novant Health in Charlotte, North Carolina, is part of a network of clinics, hospitals, and outpatient services. It is not a company, but a non-profit organization that links several medical facilities and services across North Carolina, South Carolina, Virginia, and Georgia.

What is Novant Health known for?

Novant Health is known for its commitment to promoting diversity in the workplace, and it was ranked in Forbes’ top 100 best employers for diversity in 2019. However, it was found in the Novant reverse discrimination lawsuit that the organization discriminated against David Duvall due to his gender and race.