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North Carolina ADA: What you need to know

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-let seq.). The laws do not cover employers whose only employees are domestic or agricultural workers who work at the employer's home or residence.

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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).

'Disability' Defined

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

A physical or mental impairment means any physiological disorder or abnormal condition, cosmetic disfigurement, or anatomical loss, caused by bodily injury, birth defect or illness, affecting a body system. Body systems include neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic, lymphatic, skin, and endocrine systems. Impairments also include mental disorders, mental illness, specific learning disabilities, and developmental disabilities.

A disorder or ...


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More on this topic:

Discrimination
Americans with Disabilities Act (ADA) Considerations
Specific Disabilities
Sickle-Cell and Hemoglobin C Trait
Genetics
Retaliation
Preemployment Inquiries

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North Carolina ADA Resources

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