Former Wilmington DEI director files lawsuit alleging racial discrimination, retaliation

WILMINGTON, NC (WWAY) — A former City of Wilmington employee has filed a federal lawsuit alleging she was subjected to racial discrimination, retaliation and a hostile work environment before being terminated.

In a complaint filed Feb. 26, Kimberly Carson, the city’s former director of diversity, equity and inclusion, alleges the City of Wilmington and multiple city leaders violated federal and state law through “repeated acts of retaliation, discrimination and adverse employment actions.”

Carson’s lawsuit names the city as the defendant and references actions by former City Manager Tony Caudle, City Attorney Meredith Everhart, Assistant City Manager Mary Vigue and several members of the city’s human resources department.

According to the complaint, Carson was hired to lead the city’s DEI efforts after the city created its Office of Equity & Inclusion, which the lawsuit says was established following the city’s “Rise Together” initiative. Carson says she was recruited from her job in Burlington, Vermont, and began her employment May 20, 2024. The complaint alleges she was placed on a 12-month probationary period and claims she did not receive key onboarding steps that were expected for new city employees, including a department culture review and performance expectations review.

Carson alleges she began identifying concerns in city operations that she says disproportionately impacted African American employees, including what she describes as a pattern of investigations focused on African American leaders and employees. The lawsuit claims she raised concerns about alleged racial bias within the Wilmington Police Department and about the way African American officers were treated compared to other officers.

The complaint also includes allegations tied to an outside investigation involving then-Police Chief Donnie Williams, whom the lawsuit describes as the city’s first African American police chief. Carson alleges the city hired an outside company to conduct an “independent” investigation, but she claims the firm was conflicted and the investigation was biased. The lawsuit further alleges the city made false statements about the amount of taxpayer money spent on that investigation and another investigation involving an African American employee.

In addition, Carson alleges her direct supervisor, Assistant City Manager Mary Vigue, was impaired while working and that city leaders were aware and failed to address it. The lawsuit claims Carson faced retaliation after reporting concerns about her supervisor and after pushing back on what she describes as misconduct by leadership.

Carson also describes what the complaint calls an intimidating meeting with city leadership and alleges she was belittled and harassed. The lawsuit says she later became the subject of a workplace investigation that she claims was not handled in accordance with city policies and was based on complaints from unnamed individuals. Carson alleges she was treated differently afterward and that the investigation relied on subjective criticisms of her “tone” and communication style.

The complaint states Carson filed a grievance against city leadership and claims the city did not act on it. Carson alleges she was ultimately terminated May 8, 2025, and that the reasons given were alleged violations of workplace policies, based upon ‘completely subjective assessments of Carson’s communication style and demeanor.’

The lawsuit alleges violations of Title VII of the Civil Rights Act of 1964, the Equal Protection Clause of the U.S. Constitution and provisions of the North Carolina Constitution. Carson is seeking compensatory damages in excess of $75,000, as well as attorneys’ fees, and has demanded a jury trial.

The complaint also states Carson filed a charge of discrimination with the Equal Employment Opportunity Commission and received a notice of right to sue before filing the lawsuit.

WWAY has reached out to the City of Wilmington for a statement.