North Carolina Age Discrimination laws & HR compliance analysis

North Carolina Age Discrimination: What you need to know

The stated public policy of the North Carolina Equal Employment Practices Act is to protect and safeguard the right and opportunity of individuals to seek, obtain, and hold employment without discrimination based on age (NC Gen. Stat. Sec. 143-422.1 et seq.). The Act applies to all employers of 15 or more employees.
There is no age limitation provided in the state law. However, to prevail in a civil action brought under the Act, an individual must meet the standards for evidence required under the federal Age Discrimination in Employment Act (ADEA), which covers only individuals who are at least 40 years of age.
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The North Carolina Discrimination in Public Employment Law requires state agencies, departments, and institutions of the state and its political subdivisions to provide equal opportunity for employment and compensation without regard to a person’s age (NC Gen. Stat. Sec. 126-16).
The North Carolina Equal Employment Practices Act is enforced through civil actions brought in state courts by individuals alleging violations of the Act but only for claims of wrongful discharge in violation of public policy. North Carolina does not recognize a private cause of action under the Act.
Charges of discrimination under the North Carolina Discrimination in Public Employment Law are enforced by the Office of Administrative Hearings, Civil Rights Division. The division is authorized to investigate charges of discrimination, conduct hearings, resolve complaints by conference or conciliation, and issue administrative rulings. Decisions may be appealed to the state courts.

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North Carolina Age Discrimination Resources

Type Title
Handouts Supervising Older Employees (Handout)
Policies Nondiscrimination
Posters Minnesota Age Discrimination Poster
See all Age Discrimination Resources