Discrimination - Other - North Carolina

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

North Carolina's Equal Employment Practices Act protects and safeguards the right of all persons to seek, obtain and hold employment without discrimination based on the following, if the employer regularly employs 15 or more employees:

• Race
• Religion
• Color
• National origin
• Age
• Sex
• Handicap

Private sector employees cannot file a charge with a state agency as there is no state enforcement agency for private employees. Their only recourse is a common law action based on public policy as set forth in N.C. Gen. Stat. 143-442.2.

Separate North Carolina laws protect against discrimination based on:

• Disability (applies to employers with 15 or more employees, but compensatory damages are not available, and an employee cannot sue under this state law if they have an action pending under the federal Americans with Disabilities Act (ADA) (N.C. Gen. Stat. § 168A-5(a)),
• Genetic information (N.C. Gen. Stat. § 95-28.1A),
• Sickle cell trait (N.C. Gen. Stat. § 95-28.1),
• Hemoglobin C trait (N.C. Gen. Stat. § 95-28.1),
• HIV/AIDS status (N.C. Gen. Stat. § 130A-148(i)),
• Military status (N.C. Gen. Stat. § 127B-11), and
• The lawful use of lawful products during non-working hours (N.C. Gen. Stat. § 95-28.2).

Finally, North Carolina prohibits discrimination or retaliation against employees who engage in certain protected activity.

Sickle cell trait or hemoglobin C trait

No person or employer may deny or refuse employment, or discharge any person from employment, because the person possesses sickle cell trait or hemoglobin C trait. However, this rule shall not be construed to give employment, promotion, or layoff preference to persons who possess the above traits, or to prevent such persons being discharged for cause.

Genetic testing or genetic information

No or employer may deny or refuse employment, or discharge any person from employment, because of the person’s having requested genetic testing or counseling services, or on the basis of genetic information obtained concerning the person or a member of the person’s family. This does not prevent the person from being discharged for cause.

The term “genetic test” means a test for determining the presence or absence of genetic characteristics in an individual or a member of the individual’s family in order to diagnose a genetic condition or characteristic or ascertain susceptibility to a genetic condition. The term “genetic characteristic” means any scientifically or medically identifiable genes or chromosomes, or alterations or products thereof, which are known individually or in combination with other characteristics to be a cause of a disease or disorder, or determined to be associated with a statistically increased risk of development of a disease or disorder, and which are asymptomatic of any disease or disorder. The term “genetic information” means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member.

Use of lawful products during nonworking hours

An employer with three or more employees may not fail or refuse to hire a prospective employee, or discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the individual engages in or has engaged in the lawful use of lawful products if the activity occurs off the premises of the employer during nonworking hours and does not adversely affect the employee’s job performance or the person’s ability to properly fulfill the responsibilities of the position in question or the safety of other employees.

It is not a violation for an employer to do any of the following:

1. Restrict the lawful use of lawful products by employees during nonworking hours if the restriction relates to a bona fide occupational requirement and is reasonably related to the employment activities. If the restriction reasonably relates to only a particular employee or group of employees, then the restriction may only lawfully apply to them.
2. Restrict the lawful use of lawful products by employees during nonworking hours if the restriction relates to the fundamental objectives of the organization.
3. Discharge, discipline, or take any action against an employee because of the employee’s failure to comply with the requirements of the employer’s substance abuse prevention program or the recommendations of substance abuse prevention counselors employed or retained by the employer.

This rule does not prohibit an employer from offering, imposing, or having in effect a health, disability, or life insurance policy distinguishing between employees for the type or price of coverage based on the use or nonuse of lawful products if each of the following is met:

1. Differential rates assessed employees reflect actuarially justified differences in the provision of employee benefits.
2. The employer provides written notice to employees setting forth the differential rates imposed by insurance carriers.
3. The employer contributes an equal amount to the insurance carrier on behalf of each employee of the employer.

Engaging in protected activity

No person may discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to file a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to certain protected activities. These activities include filing a workers’ compensation claim, disputing wage and hour concerns, reporting workplace safety violations, and similar types of whistleblowing or protected activity.

State

Related information

Protected classes ezExplanation

Contact

The North Carolina Human Relations Commission seeks to ensure equal opportunities, but only enforces the state’s Fair Housing Act. For cases of employment discrimination, the Commission will refer employees to the EEOC.

Regulations

Various regulations - NC General Statute – Chapter 95, Article 3

N.C. Gen. Stat. § 143-442.2 Legislative declaration of public policy regarding employment discrimination

N.C. Gen. Stat. § 168A-5(a) Persons With Disabilities Protection Act; Discrimination in employment; exemptions

N.C. Gen. Stat. § 95-28.1A Discrimination against persons based on genetic testing or genetic information prohibited

N.C. Gen. Stat. § 95-28.1 Discrimination against any person possessing sickle cell trait or hemoglobin C trait prohibited

N.C. Gen. Stat. § 130A-148(i) Laboratory tests for AIDS virus infection

N.C. Gen. Stat. § 127B-11 Discrimination Against Military Personnel; Private discrimination prohibited

N.C. Gen. Stat. § 95-28.2 Discrimination against persons for lawful use of lawful products during nonworking hours prohibited

Retaliatory employment discrimination - Chapter 95, Article 21

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.