NC Laws

NC G.S. 126-17 Prohibits Retaliation by State Departments and Agencies and Local Political Subdivisions  |  NC G.S. 126-36 Appeal of Unlawful State Employment Practice  |  NC G.S.126-36.1 Appeal of Personnel Commission by Applicant for Employment  |  NC 6.S. 143-422.2 Equal Employment Practice Act (Legislative Declaration)  |  NC G.S. 168A-5-11 Handicapped Persons Protection Act  |  NC G.S. 75B 1-7 Discrimination in Business  |  NC G.S. 95-151 Occupational Safety and Health Act  |  NC G.S. 95-28.1 Prohibits Discrimination Against any Person Possessing Sickle Cell Trait or Hemoglobin C Trait  |  NC G.S. 127B-10-15 Discrimination Against Military Personnel  |  NC G.S. 130A-148(i) Prohibits Discrimination Against Employees with AIDS Virus or HIV Infection  |  NC G.S. 126-14.3 Open and Fair Competition  |  NC G. S. 126‑16.  Equal Opportunity for Employment and Compensation by State Departments and Agencies and Local Politic  |  NC G. S. 126‑19.  Equal Employment Opportunity Plans, Reports; Maintenance of Services by State Personnel Director  |  NC G. S. 126‑22.  Personnel Files Not Subject to Inspection Under § 132‑6  |  NC G. S. 126‑23.  Certain Records to be Kept by State Agencies Open to Inspection  |  NC G. S. 126‑24.  Confidential Information in Personnel Files; Access to Such Information  |  NC G. S. 126‑27.  Penalty for Permitting Access to Confidential File by Unauthorized Person  |  NC G. S. 126‑28.  Penalty for Examining, Copying, etc., Confidential File Without Authority  | 
NC G. S.  126‑80.  Veteran's Preferance Declaration of Policy  |  NC G. S. 126‑82. State Human Resources Commission to Provide for Preference

 

General Statement

The NC Legislature has a long history of enacting statues to ensure equal opportunity. The first statute was adopted in August 1972 before state governments were covered under the Civil Rights Act of 1964. The laws include:

NC G. S. 126-16 Equal Employment Opportunity

Coverage
Applicants for State Employment.

Requirements
State departments, agencies, universities, local political subdivisions may not discriminate based on race, sex, age 40+, color, national origin, religion or disability as defined in G.S. 168A-3, except where specific age, sex or physical requirement constitute bona fide occupational qualifications.

Enforcement Agencies
State Courts, State Human Resources Commission, and/or Office of  Administrative Hearings.

Enforcement Powers
Reinstatement, back pay, front pay, attorney's fees.

Method of Filing Complaints
Appeal Letter.

Who can File Complaints
Individual on own behalf or his/her attorney.

General Statute 126-16

NC G.S. 126-17 Prohibits Retaliation by State Departments and Agencies and Local Political Subdivisions

Coverage 
State and Local government employees subject to the Human Resources Act.

Requirements
State departments, agencies, universities, political subdivisions or their employees may not retaliate against employees protecting alleged violations of 126-16.

Enforcement Agencies
State Courts, State Human Resources Commission and/or Office of Administrative Hearings.

Enforcement Powers
Reinstatement, back pay, front pay, attorney's fees.

Method of Filing Complaints
Appeal Letter.

Who Can File Complaints
Individual on own behalf or his/her attorney.

General Statute 126-17

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NC G.S. 126-36 Appeal of Unlawful State Employment Practice

Coverage
Current and former state employees.

Requirements 
Such persons may not be discriminated against in employment because of race, age 40, sex, color, national origin, religion, creed, political affiliation, except where specific age, sex or physical requirements constitute bona fide occupational qualifications.

Enforcement Agendies 
State Courts, State Human Resources Commission, and/or Office of Administrative Hearings.

Enforcement Powers
Reinstatement, promotion, front pay, back pay, attorney’s fees.

Method of Filing Complaints
Appeal Letter.

Who can File Complaints
Individual on own behalf or his/her attorney.

General Stature 126-36

NC G.S.126-36.1 Appeal of State Human Resources Commission by Applicant for Employment

Coverage 
Applicants for State Employment.

Requirements 
Persons who have reason to believe that employment was denied in violation of NC G.S. 126-16 have the right to appeal to the State Human Resources Commission.

Enforcement Agencies
State Courts, State Human Resources Commission, and/or Office Of Administrative Hearings.

Enforcement Powers
Job placement, back pay, attorney's fees.

Method of Filing Complaints
Appeal Letter.

Who Can File Complaints
Applicant on own behalf or his/her attorney.

General Statute 126-36.1

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NC 6.S. 143-422.2 Equal Employment Practice Act (Legislative Declaration)

Coverage
Employers with 15 or more employees.

Requirements 
Employers who regularly employ 15 or more workers must give all persons the right and opportunity to seek obtain and hold employment without discrimination or abridgment on account of race, religion, color, national origin, age, sex or persons with disabilities.

Enforcement Agencies
None under this statute. NC Human Relations Commission may seek amicable resolution of the charges of discrimination.

Enforcement Powers
None designated.

Method of Filing Complaints
Telephone call, letter, walk-in.

Who Can File Complaints
Private sector employees.

General Statute 143-422.2

NC G.S. 168A-5-11 Handicapped Persons Protection Act

Coverage
Employers with 15 or more full-time workers within the State.  Excludes employers whose only employees are domestic or farm workers at that person's home or farm.

Requirements
Employers, employment agencies, apprenticeship program controllers are prohibited from discriminating against qualified persons with disabilities on the basis of' the disability conditions, and privileges of employment, referrals for employment, and admission to, or employment programs established to provide apprenticeship or other training.

Enforcement Agencies
State Courts, State Human Resources Commission, and/or Office of Administrative Hearings.

Enforcement
Courts limited to, declaratory relief (hearing to determine party's rights), injunctions, orders to hire, reinstate, or admit person to labor organization.  Back pay and attorney's fees available.

Method of Filing Complaints
Appeal Letter and/or Sworn Complaint.

Who Can File Complaints      
Individuals on own behalf and organizations on behalf of aggrieved individuals.

Intimidation/Retaliation 
Employers, employment agencies, and labor organizations are prohibited from discriminating against any person, or labor or organization member or applicant because such person opposed discriminatory practices or because he testified, assisted or participated in proceedings under Chapter 168.

General Statute 168A-5

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NC G.S. 75B 1-7 Discrimination in Business

Coverage
Persons doing business in the State and the State of North Carolina.

Requirements
Persons doing business in State and the State may not enter into a contract which requires they refuse to do business with a third person because of that person's race, color, creed, religion, sex, national origin, foreign trade relationship.

Enforcement Agencies
State Courts.

Enforcement Powers
Injunctions, reinstatement, back pay, punitive damages for willful violations.

Method of Filing Complaints
Sworn Complaint.

Who Can File Complains
State Courts and/or aggrieved persons.

General Statute 75b-1

NC G.S. 95-151 Occupational Safety and Health Act

Coverage
Employers/Employees.

Requirements 
Employers nor employees can be discriminated against in employment/work procedure because of race, sex, national origin, religious affiliation.

Enforcement Agencies
State Courts.

Enforcement Powers
* Injunctions, reinstatement, back pay, damages may be possible.  

Method of Filing Complaints
Sworn Complaint.

Who Can File Complaints
Aggrieved employers and employees.

*Depends upon court's interpretation of the statute's purpose and intent.

General Statute 95-151

NC G.S. 95-28.1 Prohibits Discrimination Against any Person Possessing Sickle Cell Trait or Hemoglobin C Trait

Coverage 
Employees/Applicants with Sickle Cell or Hemoglobin C trait.

Requirements 
Employers may not deny employment or discharge a person because he/she possesses Sickle Cell or Hemoglobin C trait.

Enforcement Agencies
State Courts.

Enforcement Powers
* Injunctions, reinstatement back pay, punitive damages may be  possible.

Method of Filing Complaints
Sworn Complaint.

Who Can File Complaints
Individuals or organizations on behalf of individual.

*Depends upon court's interpretation of the statute's purpose and intent.

General Statute 95-28.1

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NC G.S. 127B-10-15 Discrimination Against Military Personnel

Coverage
Employees/applicants who are members of the Armed Forces.

Requirements
Prohibits private persons and governmental agencies from discriminating against an individual because of such individuals’ membership in the United States of State Armed Forces.  Applies to employment and access to public places of entertainment, amusement, and accommodation.

Enforcement Agencies
State Courts.

Enforcement Powers
Violation is a misdemeanor allowing for $500 maximum fine or six-month imprisonment or both.

Method of Filing Complaints
Sworn complaint.

Who Can File
Members of the United States Armed Forces or the NC National Guard.

General Statute 127b-10

NC G.S. 130A-148(i) Prohibits Discrimination Against Employees with AIDS Virus or HIV Infection

Coverage
Employees with AIDS virus or HIV infection.

Requirements 
Employers may not deny continued employment to a person because he/she possesses AIDS virus or HIV infection.

Enforcement Agencies
State Courts.

Enforcement Powers
Declaratory judgment, orders to hire or reinstate, injunctions, orders to  a labor organization.

Method of Filing Complaints
Sworn complaint.

Who Can File
Infected individuals or persons on behalf of infected individuals.

General Statute 130a-148

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Additional General Statutes

NC G. S. 126-14.3 Open and fair competition.

TheState Human Resources Commission shall adopt rules or policies to:

  1. Assure recruitment, selection, and hiring procedures that encourage open and fair competition for positions in State government employment and that encourage the hiring of a diverse State government workforce.
  2. Assure the proper and thorough advertisement of job openings in State government employment and lengthen, as appropriate, the period for submitting applications for State government employment.
  3. Require that a closing date shall be posted for each job opening, unless an exception for critical classifications has been approved by the State Personnel Commission.
  4. Require that timely written notice shall be provided to each unsuccessful applicant for State employment who is in the pool of the most qualified applicants for a position, as defined by G.S. 126‑14.2(b).
  5. Assure that State departments, agencies, and institutions follow similar selection processes when hiring State employees in accordance with this Chapter.
  6. Assure that State supervisory and management personnel, and personnel professionals, receive adequate training and continuing education to carry out the State's policy of hiring from among the most qualified persons.
  7. Establish a monitoring system to measure the effectiveness of State agency personnel procedures to promote fairness and reduce adverse impact on all demographic groups in the State government workforce.
  8. Otherwise implement the State's policy of nonpolitical hiring practices in accordance with this Chapter. (1997‑520, s. 1.) General Statute 126-14.3

NC GS 126‑16.  Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions.

All State departments and agencies and all local political subdivisions of North Carolina shall give equal opportunity for employment and compensation, without regard to race, religion, color, creed, national origin, sex, age, or handicapping condition as defined in G.S. 168A‑3 to all persons otherwise qualified, except where specific age, sex or physical requirements constitute bona fide occupational qualifications necessary to proper and efficient administration.  This section with respect to equal opportunity as to age shall be limited to individuals who are at least 40 years of age. General Statute 126-16

NC GS 126‑17.  Retaliation by State departments and agencies and local political subdivisions.

No State department, agency, or local political subdivision of North Carolina shall retaliate against an employee for protesting alleged violations of G.S. 126‑16. (1977, c. 866, s. 8.) General Statute 126-17

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NC G. S. 126‑19.  Equal employment opportunity plans; reports; maintenance of services by State Human Resources Director.

  1. Each member of the Council of State under G.S. 143A‑11, each of the principal departments enumerated in G.S. 143B‑6, The University of North Carolina, the judicial branch, and the legislative branch, shall develop and submit an Equal Employment Opportunity plan which shall include goals and programs that provide positive measures to assure equitable and fair representation of North Carolina's citizens. The plans developed by the judicial branch and by the Legislative Services Office on behalf of the legislative branch shall be submitted to the General Assembly  on or before June 1 of each year. All other such plans shall be submitted to the Human Resources Director for review and approval on or before March 1, of each year.
  2. The State Human Resources Commission shall submit a report to the General Assembly concerning the status of Equal Employment Opportunity plans and programs for all State departments, agencies, [and] universities, which are required by this Chapter to report to the Human Resources Director, on or before June 1 of each year. If any plan has been disapproved, the report shall contain reasons for disapproval. The status report submitted to the General Assembly by the State Personnel Director and the plans submitted to the General Assembly by the judicial branch and the Legislative Services Office on behalf of the legislative branch shall contain the total number of persons employed in each job category, the race, sex, salary, and other demographics relative to persons hired and promoted during the reporting period, analysis of the data, and an indication as to which goals were achieved.
  3. The Human Resources Director shall at least maintain current services of Equal Employment Opportunity technical assistance, training, oversight, monitoring, evaluation, support programs, and reporting to assure that State government's work force at all occupational levels reflect North Carolina's population. To the extent reasonably possible, these services shall be provided by qualified personnel who have continuous experience in the field of Equal Employment Opportunity and affirmative action and who are sensitive to circumstances and experiences of individuals from diverse backgrounds and cultures, and recognize that efficient and effective government requires the talents, skills, and abilities of all available human resources. (1991 (Reg. Sess., 1992) c. 919, ss. 2‑4.) General Statute 126-19

NC G. S. 126‑22.  Personnel files not subject to inspection under § 132‑6

(a)        Except as provided in G.S. 126-23 and G.S. 126-24, personnel files of State employees shall not be subject to inspection and examination as authorized by G.S. 132-6.

(b)        For purposes of this Article the following definitions apply:

(1)        "Employee" means any current State employee, former State employee, or applicant for State employment.

(2)        "Employer" means any State department, university, division, bureau, commission, council, or other agency subject to Article 7 of this Chapter.

(3)        "Personnel file" means any employment-related or personal information gathered by an employer or by the Office of State Human Resources. Employment-related information contained in a personnel file includes information related to an individual's application, selection, promotion, demotion, transfer, leave, salary, contract for employment, benefits, suspension, performance evaluation, disciplinary actions, and termination. Personal information contained in a personnel file includes an individual's home address, social security number, medical history, personal financial data, marital status, dependents, and beneficiaries.

(4)        "Record" means the personnel information that each employer is required to maintain in accordance with G.S. 126-23.

(c)        Personnel files of former State employees who have been separated from State employment for 10 or more years may be open to inspection and examination except for papers and documents relating to demotions and to disciplinary actions resulting in the dismissal of the employee. Retirement files maintained by the Retirement Systems Division of the Department of State Treasurer shall be made public pursuant to G.S. 128-33.1 and G.S. 135-6.1.

(d)       Repealed by Session Laws 2016-108, s. 2(d), effective July 22, 2016.  (1975, c. 257, s. 1; 1977, c. 866, s. 9; 2007-508, s. 4.5; 2008-194, s. 11(a); 2013-382, s. 9.1(c); 2016-108, s. 2(d).) General Statute 126-22

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NC G. S. 126‑23.  Certain records to be kept by State agencies open to inspection.

  1. Each department, agency, institution, commission and bureau of the State shall maintain a record of each of its employees, showing the following information with respect to each such employee:
    1. Name.
    2. Age.
    3. Date of original employment or appointment to State service.
    4. The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the agency has the written contract or a record of the oral contract in its possession.
    5. Current position.
    6. Title.
    7. Current salary.
    8. Date and amount of each increase or decrease in salary with that department, agency, institution, commission, or bureau.
    9. Date and type of  each promotion, demotion, transfer, suspension, separation, or other change in position classification with that department, agency, institution, commission, or bureau.
    10. Date and general description of the reasons for each promotion with that department, agency, institution, commission, or bureau.
    11. Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the department, agency, institution, commission, or bureau. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the head of the department setting forth the specific acts or omissions that are the basis of the dismissal.
    12. The office or station to which the employee is currently assigned.
  2. For the purposes of this section, the term "salary" includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity.
  3. Subject only to rules and regulations for the safekeeping of the records, adopted by the State Human Resources Commission, every person having custody of such records shall permit them to be inspected and examined and copies thereof made by any person during regular business hours. Any person who is denied access to any such record for the purpose of inspecting, examining or copying the same shall have a right to compel compliance with the provisions of this section by application to a court of competent jurisdiction for a writ of mandamus or other appropriate relief.  (1975, c. 257, s. 1; c. 667, s. 2; 2007‑508, s. 4; 2010‑169, s. 18(a).
    General Statute 126-23

NC G. S. 126‑24.  Confidential information in personnel files; access to such information.

All other information contained in a personnel file is confidential and shall not be open for inspection and examination except to the following persons:

(1)        The employee, applicant for employment, former employee, or his properly authorized agent, who may examine his own personnel file in its entirety except for (i) letters of reference solicited prior to employment, or (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient. An employee's medical record may be disclosed to a licensed physician designated in writing by the employee;

(2)        The supervisor of the employee;

(2a)      A potential State or local government supervisor, during the interview process, only with regard to performance management documents;

(3)        Members of the General Assembly who may inspect and examine personnel records under the authority of G.S. 120-19;

(4)        A party by authority of a proper court order may inspect and examine a particular confidential portion of a State employee's personnel file; and

(5)        An official of an agency of the federal government, State government or any political subdivision thereof. Such an official may inspect any personnel records when such inspection is deemed by the department head of the employee whose record is to be inspected or, in the case of an applicant for employment or a former employee, by the department head of the agency in which the record is maintained as necessary and essential to the pursuance of a proper function of said agency; provided, however, that such information shall not be divulged for purposes of assisting in a criminal prosecution, nor for purposes of assisting in a tax investigation.

Notwithstanding any other provision of this Chapter, any department head may, in his discretion, inform any person or corporation of any promotion, demotion, suspension, reinstatement, transfer, separation, dismissal, employment or nonemployment of any applicant, employee or former employee employed by or assigned to his department or whose personnel file is maintained in his department and the reasons therefor and may allow the personnel file of such person or any portion thereof to be inspected and examined by any person or corporation when such department head shall determine that the release of such information or the inspection and examination of such file or portion thereof is essential to maintaining the integrity of such department or to maintaining the level or quality of services provided by such department; provided that prior to releasing such information or making such file or portion thereof available as provided herein, such department head shall prepare a memorandum setting forth the circumstances which the department head deems to require such disclosure and the information to be disclosed. The memorandum shall be retained in the files of said department head and shall be a public record.  (1975, c. 257, s. 1; 1977, c. 866, s. 10; 1977, 2nd Sess., c. 1207; 2015-260, s. 5.5.) General Statute 126-24

NC G. S. 126‑27.  Penalty for permitting access to confidential file by unauthorized person.

Any public official or employee who shall knowingly and willfully permit any person to have access to or custody or possession of any portion of a personnel file designated as confidential by this Article, unless such person is one specifically authorized by G.S. 126‑24 to have access thereto for inspection and examination, shall be guilty of a Class 3 misdemeanor and upon conviction shall only be fined in the discretion of the court but not in excess of five hundred dollars ($500.00). (1975, c. 257, s. 1; 1993, c. 539, s. 934; 1994, Ex. Sess., c. 24, s. 14(c).)  General Statute 126-27

NC G. S. 126‑28.  Penalty for examining, copying, etc., confidential file without authority.

Any person, not specifically authorized by G.S. 126‑24 to have access to a personnel file designated as confidential by this Article, who shall knowingly and willfully examine in its official filing place, remove or copy any portion of a confidential personnel file shall be guilty of a Class 3 misdemeanor and upon conviction shall only be fined in the discretion of the court but not in excess of five hundred dollars ($500.00). (1975, c. 257, s. 1; 1993, c. 539, s. 935; 1994, Ex. Sess., c. 24, s. 14(c). General Statute 126-28

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Veterans Preference

NC G. S. 126‑80.  Declaration of policy.

It shall be the policy of the State of North Carolina that, in appreciation for their service to this State and this country during a period of war, and in recognition of the time and advantage lost toward the pursuit of a civilian career, veterans shall be granted preference in employment for positions subject to the provisions of this Chapter with every State department, agency, and institution. (1987 (Reg. Sess., 1988), c. 1064, s. 1.)
General Statute 126-80

NC G. S. 126‑82. State Human Resources Commission to provide for preference.

  1. TheState Human Resources Commission shall provide that in evaluating the qualifications of an eligible veteran against the minimum requirements for obtaining a position, credit shall be given for all military service training or schooling and experience that bears a reasonable and functional relationship to the knowledge, skills, and abilities required for the position. This preference applies to initial employment with the State and extends to other employment events including subsequent hirings, promotions, reassignments, and horizontal transfers.
  2. TheState Human Resources Commission shall provide that if an eligible veteran has met the minimum requirements for the position, after receiving experience credit under subsection (a) of this section, he shall receive experience credit as determined by the Commission for additional related and unrelated military service. This preference applies to initial employment with the State and extends to other employment events including subsequent hirings, promotions, reassignments, and horizontal transfers.
  3. TheState Human Resources Commission may provide that in reduction in force situations where seniority or years of service is one of the considerations for retention, an eligible veteran shall be accorded credit for military service.
  4. Any eligible veteran who has reason to believe that he or she did not receive a veteran's preference in accordance with the provisions of this Article or rules adopted under it may appeal directly to theState Human Resources Commission.
  5. The willful failure of any employee subject to the provisions of Article 8 of this Chapter to comply with the provisions of this Article or rules adopted under it constitutes personal misconduct in accordance with the provisions and promulgated rules of this Chapter, including those for suspension, demotion, or dismissal. (1987 (Reg. Sess., 1988), c. 1064, s. 1; 2007‑286, s. 2.)
    General Statute 126-82