North Carolina AIDS and Disease laws & HR compliance analysis

North Carolina AIDS and Disease: What you need to know

The North Carolina Equal Employment Practices Act and the North Carolina Persons with Disabilities Protection Act prohibit employers from discriminating against qualified applicants or employees on the basis of disability (NC Gen. Stat. Sec. 168A-1 et seq.). The Acts cover public and private employers with 15 or more employees.
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Medical inquiries. Under the Persons with Disabilities Act, employers are prohibited from requiring an applicant to self-identify as a person with a disability before a conditional offer of employment, except for affirmative action purposes (NC Gen. Stat. Sec. 168A-5).
Retaliation prohibited. Employers are prohibited from retaliating against any person for filing a claim under the Persons with Disabilities Act, or for participating in the investigation or hearing of a claim (NC Gen. Stat. Sec. 168A-10).
The North Carolina Communicable Disease Law covers all employers and prohibits discrimination in employment against employees because they have acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV) infection (NC Gen. Stat. Sec. 130A-148). The Law allows for civil suits in state court by individuals alleging employment discrimination. Remedies include reinstatement, up to 2 years of back pay, and attorney's fees.
Employer rights. Under the Communicable Disease Law, employers are allowed to:
• Require a test for AIDS virus infection for job applicants in preemployment medical examinations.
• Deny employment to a job applicant based solely on a confirmed positive test for AIDS virus infection.
• Include a test for AIDS virus infection performed in the course of an annual medical examination routinely required of all employees by the employer.
• Take ...

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