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State Law: North Carolina
The Law The North Carolina Equal Employment Practices Act makes it illegal for an employer or labor organization to discriminate against someone on the basis of sex. However, the Act does not provide for specific remedies, which means that claims must be filed in state court under the "common law." There is no state administrative agency that investigates general employment discrimination complaints. However, the North Carolina Office of Administrative Hearings Civil Rights Division accepts and investigates complaints of discrimination filed by former and current state and county employees. If you are not a state or county employee, please see the section below entitled "Persons Not State or County Employees Wishing to File a Complaint." Filing A ComplaintState or County Employees Wishing to File a Complaint In order to file a discrimination complaint with the Civil Rights Division, you must be a state or county government employee (current or former) "who is/was subject to the provisions of the State Personnel Act, Chapter 126 of the North Carolina General Statutes." This includes "non-exempt State Government employees; non-exempt UNC employees; and County Social Services, Mental Health, Public Health and Civil Preparedness employees." You may file a charge with the Civil Rights Division by calling (919) 733-0431 or visiting the office at 1203 Front Street, Building B, Suite 240, in Raleigh. You have 180 days to file a complaint after the date of the alleged discrimination. Once you file a complaint with the Division, it will send your employer a copy of your complaint, stating that you believe you were/are being discriminated against. The employer will have an opportunity to respond to this complaint. An investigator will be assigned to your case, who will collect all relevant information and interview witnesses. The Director will act as a neutral decision-maker to determine whether there is reasonable cause to believe you have been discriminated against and your rights violated. If probable cause is found, you and your employer will be required to attempt to negotiate a settlement through the Division’s conciliation proceedings. If settlement negotiations fail, you have three options. You can petition the Division to have a contested case hearing before an Administrative Law Judge, request a Notice of Right to Sue from the EEOC, or attempt further conciliation with your employer through the EEOC. You may decide to go through the federal or state court process instead of the Division’s investigative process. You must first file with the EEOC or North Carolina Civil Rights Division and request a Notice of Right to Sue letter in order to file in court. The attorney you hire can explain this process to you. For more information and a detailed explanation of the complaint process, please visit the North Carolina Civil Rights Division website. Persons Not State or County Employees Wishing to File a Complaint Since there is not a state administrative agency that investigates general discrimination complaints, complaints must be filed with the Equal Employment Opportunity Commission if you are not a state or county employee. There are three EEOC offices in North Carolina: Charlotte District Office- 129 West Trade Street, Suite 400, Charlotte, NC 28202, (704) 344-6682; Greensboro Local Office- 2302 W. Meadowview Rd., Suite 201, Greensboro, NC 27405, (336) 547-4188; and Raleigh Area Office- 1309 Annapolis Drive, Raleigh, NC 27608, (919) 856-4064. In order to file a charge with the EEOC, you will need to provide your name, address and telephone number; the name, address and telephone number of your employer or union and its number of employees (if known); a brief description of the alleged discrimination; and the date of the alleged violation(s). Remember, the EEOC will only investigate claims against an employer that has 15 or more employees. Complaints must be filed with the EEOC 180 days after the date of the alleged discriminatory act. Since North Carolina does not have a state commission that investigates complaints, you may decide to speak with an attorney about your situation. However, in order to file a charge in state or federal court, you must first file with the EEOC if the charge falls under Title VII. Equal Pay Act claims do not have to be filed with the EEOC. Since North Carolina does not have anti-discrimination laws separate from federal laws, most attorneys choose to file in federal court. For more information and a detailed explanation of the complaint process, please visit the Equal Employment Opportunity Commission website.
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