What You Need to Know About North Carolina EEOC

The Equal Employment Opportunity Commission (EEOC) investigates and enforces federal anti-discrimination laws. Here’s what you need to know about the EEOC in North Carolina.

The EEOC applies to all employers with 15 or more employees in North Carolina. The EEOC investigates and enforces anti-discrimination laws in North Carolina.

Do EEOC laws apply to all employers in North Carolina?

No – EEOC laws only apply to employers with 15 or more employees in North Carolina.

What types of discrimination does federal law prohibit?

Federal law prohibits discrimination based on:

  • Age
  • Disability
  • Sex
  • Race
  • Color
  • National origin
  • Religion
  • Genetic information

Do anti-age discrimination laws apply to all employees in North Carolina?

No – anti-age discrimination laws do not apply to all employees in North Carolina. Age discrimination laws only apply to employees aged 40 or older.

Related: Can an Employer Sue an Employee for Poor Performance?

What law protects against disability discrimination in North Carolina?

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities, including in the workplace.

How does the Americans with Disabilities Act (ADA) define a disability?

The ADA defines a disability as a physical or mental condition that substantially limits at least one major life activity.

Do employers in North Carolina have to provide reasonable accommodations to employees with disabilities?

Yes – North Carolina employers must provide reasonable accommodations to employees with disabilities.

What is a reasonable accommodation for an employee with a disability in North Carolina?

A reasonable accommodation is one that enables an employee with a disability to complete their required duties without significantly harming the employer.

Do anti-discrimination laws apply to prospective employees in North Carolina?

Yes – anti-discrimination laws apply to prospective employees as well as current employees. Employers cannot discriminate against prospective employees.

Can a North Carolina employee file a discrimination complaint with the EEOC?

Yes – a North Carolina employee should file a discrimination complaint with the EEOC.

How should a North Carolina employee file a discrimination complaint with the EEOC?

A North Carolina employee should submit a “charge of discrimination” to the EEOC to file a discrimination complaint.

How long does a North Carolina employee have to file a discrimination complaint with the EEOC?

A North Carolina employee must file a discrimination complaint with the EEOC within 180 days of a discriminatory incident.

What happens after a North Carolina employee files a discrimination complaint with the EEOC?

After a North Carolina employee files a discrimination complaint, the EEOC will investigate the claim and issue a finding. The EEOC will either determine that discrimination occurred and issue a letter of determination or that discrimination did not occur and issue a Dismissal and Notice of Rights.

What can an employee do if the EEOC does not find discrimination occurred?

If the EEOC does not find discrimination occurred, an employee may file a civil lawsuit against their employer.

How long does an employee have to file a civil lawsuit against their employer in North Carolina?

An employee has 90 days after receiving a Dismissal and Notice of Rights from the EEOC to file a civil lawsuit against their employer.

Related: Can an Employer Sue an Employee For Quitting?

Can an employee drop a discrimination complaint with the EEOC in North Carolina?

Yes – an employee can drop a discrimination complaint with the EEOC in North Carolina by contacting the staff person assigned to their case.

Can an employer penalize an employee for filing a complaint with the EEOC in North Carolina?

No – an employer may not penalize an employee for filing a complaint with the EEOC in North Carolina. Penalizing an employee includes disciplinary action or any other penalties.

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If you or a loved one would like to learn more about North Carolina EEOC FAQs, get connected to an attorney with one of our Employment Attorneys in North Carolina today!