North Carolina Advertising laws & HR compliance analysis

North Carolina Advertising: What you need to know

The state of North Carolina has laws that prohibit both private and public employers from discrimination based on protected characteristics and lawful activity, including in the wording of job advertisements.
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The North Carolina Equal Employment Practices Act prohibits, by private sector employers, discrimination based on race, religion, color, national origin, age, sex, or disability (NC Stat. Sec. 95-28.1 et seq.). Any advertisement or notice for employment that expresses a preference or limitation as to one of these factors would violate the Act (NC Stat. Sec. 143-422.2; ).
The Act applies to all employers with 15 or more employees, including labor unions and employment agencies.
Separate laws prohibit employment discrimination based on genetic information, sickle-cell or hemoglobin C trait, and off-duty smoking. Any advertisement or notice for employment that expresses a preference or limitation as to one of these factors would violate these laws.
The Persons with Disabilities Protection Act prohibits employment discrimination based on physical or mental impairment (NC Gen. Stat. Sec. 168A-1et seq.). This law also applies to employers with 15 or more employees.
Regulation of joblisting services. A job listing service shall not publish information about a position with an employer that the job listing service knows or has reason to know (NC Gen. Stat. Sec. 95-47.28):
• Has included false information in the job order; or
• Has a strike or lockout at its business, unless the applicant is so informed in the publication;
• Is engaging in unlawful or immoral activity;
• Is in financial or other difficulty likely to lead to imminent cessation of operation, unless the applicant is so informed in the ...

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