How to File an Employment Discrimination Claim in North Carolina

What You Need to Know About Filing an Employment Discrimination Claim in North Carolina

Discrimination in the workplace is a serious issue that can affect a person’s employment. Here is everything you need to know about filing an employment discrimination claim in North Carolina.

Federal and state laws prohibit employment discrimination. In North Carolina, an employee may choose to file a discrimination charge against their employer with the EEOC.

Federal Employment Discrimination Laws

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the federal law prohibiting workplace discrimination based on race, color, religion, national origin, or sex.

The U.S. also passed the Equal Pay Act (EPA) in 1963, which protects against wage discrimination based on sex. EPA requires employers to give men and women equal pay for doing the same work.

In compliance with federal laws, the following must be equal for both men and women:

Hiring
Firing
Compensation
Training programs
Job assignments
Promotion
Employment opportunities
Benefits
Layoff
Other terms, conditions, or privileges of employment.

The Pregnancy Discrimination Act makes it illegal for employers to discriminate against a woman because of pregnancy, childbirth, or a related medical condition.

North Carolina Employment Discrimination Laws

The North Carolina General Statutes (N.C.G.S) prohibits employers from discriminating against an employee based on:

Race
Sex
Age (40+)
Color
National origin
HIV/AIDS results
Religion
Disability

Employers include state departments, agencies, universities, and local political subdivisions.

The Retaliatory Employment Discrimination Act (REDA) does not allow employers to retaliate against an employee for engaging in one of the “protected activities” under the law. REDA protects wage and hour issues, workplace safety rights, mine safety and health, and sickle cell and hemoglobin C carriers.

Filing an Employment Discrimination Claim in North Carolina

If an employee experiences discrimination in the workplace, they may file a charge of discrimination with the EEOC. A person may file a charge of discrimination by mail or in person at the nearest EEOC office. A person may also file a discrimination complaint through the EEOC Public Portal.

The EEOC suggests an individual have the following information when filing a discrimination complaint:

The name, address, and telephone number of the person who is subject to unfair treatment;
The name, address, and telephone number of the employer who you are filing the complaint against;
A brief description of the event(s), and
The dates these events took place.

Time Limit for Filing a Discrimination Claim in North Carolina

An individual has 180 days from the date of the incident to file a discrimination claim with the EEOC.

What Happens After You File a Discrimination Complaint?

After filing a discrimination charge with the EEOC, they will send you a charge number to track the progress of your complaint. Your employer will also receive a copy of your complaint. In some cases, the EEOC may offer you and your employer the opportunity for mediation. Alternatively, the EEOC may ask your employer questions about your complaint and send the charge to an EEOC investigator.

If there is an investigation and the EEOC does not find evidence of a violation, they will send you and your employer a “Dismissal and Notice of Rights.” If you want to take legal action, you will have 90 days to file a lawsuit.

If the EEOC determines that there was discrimination, they will issue a “Letter of Determination.” The EEOC will work with you and your employer to help resolve the issue. If both parties do not come to a solution and the EEOC does not file a lawsuit, you will have 90 days to take legal action.

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If you or a loved one would like to learn more about File an Employment Discrimination Claim North Carolina, get your free consultation with one of our Employment Attorneys in North Carolina today!