The North Carolina Equal Employment Practices Act prohibits an employer from discriminating against an individual on the basis of his or her disability (NC Gen. Stat. Sec. 143-422.2). The North Carolina Persons with Disabilities Protection Act also prohibits discrimination against individuals with disabilities. Both Acts cover employers with 15 or more employees (NC Gen. Stat. Sec. 168A-l et seq.). The laws do not cover employers whose only employees are domestic or agricultural workers who work at the employer's home or residence.
Public employers. A separate law also prohibits disability discrimination in hiring and recruitment by any department or agency of state government (NC Gen. Stat. Sec. 128-15.3). Public employers must make a reasonable accommodation to the known disability of a qualified applicant or employee (25 NC Admin. Code Sec. 1L.0401).
Under the North Carolina Persons with Disabilities Protection Act, the term “disability” means (NC Gen. Stat. Sec. 168A-3):
• A physical or mental impairment that substantially limits one or more major life activities
• Having a record of such an impairment
• Being regarded as having such an impairment
Being "regarded as" having an impairment means an individual:
• Has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation;
• Has a physical or mental impairment that substantially limits major life activities because of the attitudes of others; or
• Has no physical or mental impairment but is treated as having such an impairment.
A physical or mental impairment means any physiological disorder or abnormal condition, cosmetic disfigurement, or anatomical loss, ...