Comparison: State vs. Federal
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-l et seq.). The laws do not cover employers whose only employees are domestic or agricultural workers who work at the employer's home or residence.
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).
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
Being "regarded as" having an impairment means an individual:
- Has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation;
- Has a physical or mental impairment that substantially limits major life activities because of the attitudes of others; or
- Has no physical or mental impairment but is treated as having such an impairment.
A physical or mental impairment means any physiological disorder or abnormal condition, cosmetic ...