North Carolina ( NC ) Employment Discrimination Law in the Workplace
Posted on May 16, 2016 byKaren
In my continuing research on employment discrimination laws in the workplace within the untied states, I have finally come to investigate North Carolina’s employment discrimination laws in the workplace. North Carolina, like many other states has gone above the federal standards, but unlike most states, they do not provide a state agency to investigate claims.
North Carolina’s laws concerning employment discrimination in the workplace make it illegal to discriminate on the basis of Age, color, genetic traits (including those for sickle cell and hemoglobin C), handicap, national origin, or sex. It is also illegal to test or discriminate against current employees with regards to HIV and AIDS, but employers can require applicants to be tested prior to hire and may deny employment when the results of this test are positive.
Filing a claim in North Carolina depends on whether you are filing under state or federal statues. When filing simply under state statutes, you may proceed directly with a court case due to North Carolina’s lack of state-provided remedies. If you are filing under federal statutes, you need to contact the Equal Employment Opportunity Commission (EEOC). In North Carolina, you have three EEOC offices to choose from, depending on your vicinity: Charlotte ((704) 344-6682 or TTY: (704) 344-6684), Greensboro ((336) 547-4188 or TTY: (336) 333-5542), and Raleigh ((919) 856-4064 or TTY: (919) 856-4296).
If you are filing under North Carolina’s employment discrimination laws in the workplace, you may immediately file your case in a state court where it will be see by a judge only (no jury). You have only 180 days from the date of the discriminatory act to file a state court case.
Federal claims must first be filed with the EEOC and this agency must dismiss the claim before you can file the case in court if your claim has not been resolved. In filing with the EEOC, you have 180 days from the date of the discriminatory act to file a claim but there are legalities involved with filing. Because of these legalities, it is important that you file quickly to avoid missing this deadline. If the EEOC has not been able to resolve your case, they will issue one of two documents to release the case: “Dismissal and Notice of Rights,” or “Notice of Right to Sue.” Once you receive one of these notices, you have only 90 days to file a federal court case.
For state cases, because you will be going directly into court, you should seek the help of an attorney in filing a state case. For federal cases, although it is easier with an attorney, you do not necessarily need an attorney.
Although North Carolina’s employment discrimination laws in the workplace are quite comprehensive, this state does not provide the aid of a state agency to help workers pursuing discrimination claims. This means that cases which are only covered under state statutes are a bit harder than federal cases to file due to the immediate need of an attorney to care for your state court case.
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