The North Carolina Equal Employment Practices Act prohibits employment discrimination based on race, religion, color, national origin, age, sex, or disability (NC Gen. Stat. Sec. 143-422.1 et seq.). This Act applies to employers with 15 or more employees.
The North Carolina Persons with Disabilities Protection Act specifically prohibits discrimination based on a disability (NC Gen. Stat. Sec. 168A-1 et seq.). It applies to employers with 15 or more employees.
Under the Act, it is unlawful for an employer to:
• Discharge an employee, fail to hire or consider an applicant for employment or promotion, or otherwise discriminate against a qualified person with a disability with respect to compensation or the terms, conditions, or privileges of employment.
• Discriminate in admission to or employment in an apprenticeship, on-the-job, or other training program.
• Require an applicant to identify himself or herself as a person with a disability before a conditional offer of employment (employers may invite self-identification).
• Fail to make reasonable accommodations for a known disability.
Medical examinations. The Act allows employers to require a medical examination, which may include a medical history, for the purpose of determining whether the person has the ability or capacity to safely perform the job duties for which he or she is otherwise qualified or to aid in determining possible accommodations for a disability, provided that:
• An offer of employment has been made on the condition that the person meets the physical and mental requirements of the job with or without reasonable accommodation.
• The examination (unless limited to determining the extent to which a person's disability would ...