Workplace Discrimination in North Carolina

Workplace Discrimination in North Carolina: Your Rights and Legal Options (2025)

Workplace discrimination based on protected characteristics is illegal under federal law. While North Carolina doesn’t have its own comprehensive state anti-discrimination law, federal protections under Title VII, the ADA, ADEA, and other statutes protect North Carolina workers from discrimination.

If you’ve experienced discrimination at work based on your race, age, sex, disability, or other protected characteristic, you have legal rights and remedies available.

What Is Workplace Discrimination?

Workplace discrimination occurs when an employer treats you differently or less favorably because of a protected characteristic rather than your job performance or qualifications.

Illegal discrimination can happen during:

Hiring decisions
Promotions or advancement opportunities
Pay and benefits
Job assignments
Training opportunities
Discipline or termination
Terms and conditions of employment

Protected Characteristics Under Federal Law

Federal anti-discrimination laws protect North Carolina workers from discrimination based on:

Race or Color

Law: Title VII of the Civil Rights Act of 1964 Coverage: Employers with 15+ employees Example: Being denied promotion because of your race, racial harassment, or being fired due to your skin color.

Sex (Including Pregnancy)

Law: Title VII, Pregnancy Discrimination Act Coverage: Employers with 15+ employees Example: Being paid less than male colleagues for the same work, sexual harassment, or being fired for being pregnant.

Religion

Law: Title VII Coverage: Employers with 15+ employees Includes: Must provide reasonable accommodation for religious practices unless it causes undue hardship Example: Being denied time off for religious observance, forced to violate religious beliefs, or harassed for wearing religious attire.

National Origin

Law: Title VII Coverage: Employers with 15+ employees Example: Harassment for accent or ethnicity, “English-only” rules applied discriminatorily, or denied employment due to country of origin.

Age (40 and Older)

Law: Age Discrimination in Employment Act (ADEA) Coverage: Employers with 20+ employees Example: Being forced to retire early, passed over for promotion in favor of younger workers, or fired and replaced with someone significantly younger.

Disability

Law: Americans with Disabilities Act (ADA) Coverage: Employers with 15+ employees Includes: Must provide reasonable accommodations for qualified individuals with disabilities Example: Fired after disclosing a medical condition, denied reasonable accommodation, or harassed for disability.

Genetic Information

Law: Genetic Information Nondiscrimination Act (GINA) Coverage: Employers with 15+ employees Example: Fired after employer learns of genetic predisposition to illness, or denied promotion based on family medical history.

Military or Veteran Status

Law: Uniformed Services Employment and Reemployment Rights Act (USERRA) Coverage: All employers Example: Denied reemployment after military service, discriminated against for taking military leave, or denied benefits due to service.

Types of Workplace Discrimination

Disparate Treatment

Intentional discrimination where an employer treats you less favorably because of a protected characteristic.

Example: Your manager tells you “we’re looking for younger employees” and hires a less-qualified 25-year-old instead of you (age 52).

Disparate Impact

Policy or practice that appears neutral but disproportionately affects a protected group.

Example: Physical strength requirement that disproportionately screens out women, when strength isn’t truly necessary for the job.

Harassment

Unwelcome conduct based on a protected characteristic that creates a hostile work environment.

Must be:

Severe or pervasive
Unwelcome
Based on protected characteristic
Creates hostile or abusive environment

Example: Repeated racial slurs, offensive jokes about disability, or sexually explicit comments.

Retaliation

Punishment for complaining about discrimination or participating in an investigation.

Example: Being demoted after filing an EEOC complaint, fired for testifying in a coworker’s discrimination case, or receiving poor performance review after reporting harassment.

How to Prove Discrimination in North Carolina

Proving discrimination requires showing your employer’s decision was motivated by your protected characteristic.

Direct Evidence

Explicit statements or actions revealing discriminatory intent.

Examples:

Manager says “you’re too old for this position”
Email stating “we need to hire more men”
Admission that pregnancy was reason for termination

Circumstantial Evidence

When direct evidence isn’t available, you can prove discrimination through:

You belong to a protected class
You were qualified for the position/opportunity
You suffered an adverse action (fired, demoted, not hired)
Similarly situated employees outside your protected class were treated better

Additional evidence:

Discriminatory comments or jokes
Statistical evidence (e.g., all promotions went to younger workers)
Company’s history of discrimination
Deviation from normal procedures
Timing (adverse action shortly after protected activity)

Filing a Discrimination Complaint in North Carolina

Step 1: File with the EEOC

Equal Employment Opportunity Commission (EEOC)

Deadline: 180 days from discrimination (300 days if dual-filing with state agency)
File online: eeoc.gov/filing-charge-discrimination
Phone: 1-800-669-4000
What happens: EEOC investigates and may mediate or litigate; issues “right to sue” letter

North Carolina doesn’t have its own state enforcement agency, so EEOC is the primary avenue for discrimination complaints.

Step 2: EEOC Investigation

After you file:

EEOC notifies employer of charge
Investigation: EEOC may request documents, interview witnesses
Mediation offered: Voluntary settlement discussions
Determination: EEOC finds “reasonable cause” or “no reasonable cause”
Right to sue letter: Allows you to file lawsuit (you have 90 days)

Step 3: File a Lawsuit (If Necessary)

After receiving right-to-sue letter, you can:

File lawsuit in federal or state court
Sue for damages, reinstatement, back pay, attorney fees
Must file within 90 days of receiving right-to-sue letter

What Damages Can You Recover?

If you win a discrimination case, you may recover:

Economic Damages

Back pay: Lost wages from discrimination to resolution
Front pay: Future lost earnings if reinstatement isn’t feasible
Lost benefits: Health insurance, retirement contributions
Attorney’s fees and costs

Non-Economic Damages

Compensatory damages: Emotional distress, pain and suffering
Punitive damages: Punishment for especially egregious conduct (capped based on employer size)

Damage caps (for Title VII, ADA, GINA):

15-100 employees: $50,000
101-200 employees: $100,000
201-500 employees: $200,000
500+ employees: $300,000

No caps for: Age discrimination (ADEA), Equal Pay Act claims

Other Remedies

Reinstatement: Getting your job back
Promotion: If discriminatorily denied
Policy changes: Requiring employer to change discriminatory practices
Training: Mandatory anti-discrimination training

Common Questions About North Carolina Workplace Discrimination

How long do I have to file a discrimination complaint in North Carolina?

You have 180 days from the discriminatory act to file an EEOC charge (300 days if dual-filing with a state agency, though North Carolina doesn’t have its own enforcement agency).

Do I need a lawyer to file an EEOC complaint?

No, but it’s recommended. You can file an EEOC charge yourself, but an attorney can help you present the strongest case and navigate the process.

Can I be fired for filing a discrimination complaint?

No. Retaliation for filing an EEOC complaint is illegal. If you’re fired, demoted, or punished for filing a complaint, this is a separate violation.

What if I signed an arbitration agreement?

Arbitration agreements may require you to arbitrate your discrimination claim rather than go to court. However, you can still file an EEOC complaint—arbitration agreements don’t prevent EEOC from investigating.

Does North Carolina have its own discrimination law?

North Carolina follows federal anti-discrimination laws (Title VII, ADA, ADEA). Unlike some states, North Carolina doesn’t have a separate state civil rights enforcement agency.

What is the average discrimination settlement in North Carolina?

Settlements vary widely ($15,000 to $500,000+) based on:

Type of discrimination
Strength of evidence
Your salary and length of employment
Damages suffered

Most cases settle for $30,000-$100,000.

Resources for North Carolina Workers

Legal Assistance

Legal Aid of North Carolina

Free legal help for low-income workers
Phone: 1-866-219-5262
Website: legalaidnc.org

NC Bar Association – Lawyer Referral Service

Find an employment attorney
Phone: 1-800-662-7660
Website: ncbar.org

Government Agencies