North Carolina Hiring laws & HR compliance analysis

North Carolina Hiring: What you need to know

Under the North Carolina Equal Employment Practices Act, it is the public policy of the state to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination based on race, religion, color, national origin, age, sex, or disability (NC Gen. Stat. Sec. 143-422.2). Separate laws prohibit employment discrimination based on genetic information, physical or mental impairment, sickle-cell or hemoglobin C trait, and off-duty smoking. Detailed information is available.Generally, unless a bona fide occupational qualification (BFOQ) applies, an employer should refrain from asking about an individual's race, color, religion, sex, age, national origin, and marital status because federal law, including Title VII of the Civil Rights Act of 1964 (Title VII), provides protection for job applicants. Title VII covers employers with 15 or more employees.
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Domestic violence. Employers are prohibited from discriminating against victims of domestic violence (NC Gen. Stat. Sec. 95-270).
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 ...

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