Under the North Carolina Equal Employment Practices Act, it is the public policy of the state to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination based on race, religion, color, national origin, age, biological sex, or disability (NC Gen. Stat. Sec. 143-422.1). The term “biological sex” is defined as the physical condition of being male or female, as stated on a person’s birth certificate.
The Act applies to all employers with 15 or more employees, including labor unions and employment agencies. The Act does not contain a provision prohibiting retaliation by employers.
The Act supersedes and preempts any ordinance, regulation, resolution, or policy of a local government or other political subdivision that regulates employment discrimination, except for regulations that are not otherwise in conflict with state law.
Genetic testing and information. A separate law prohibits discrimination against an individual based on genetic test results or genetic information concerning the individual or a member of the individual's family (NC Gen. Stat. Sec. 95-28.1A). Employers are prohibited from retaliating against an employee who files a complaint, initiates an investigation, or testifies in a proceeding under the genetic discrimination law (NC Gen. Stat. Sec. 95-241).
The North Carolina Persons with Disabilities Protection Act, which also applies to employers with 15 or more employees, prohibits employment discrimination based on physical or mental impairment (NC Gen. Stat. Sec. 168A-1 et seq.). Absent undue hardship, employers must offer reasonable accommodations to allow individuals with disabilities to perform the essential functions of ...