North Carolina Employment Law

North Carolina has limited state employment protections. The Equal Employment Practices Act does not create a standalone private right of action. REDA provides whistleblower protections.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

180 days

Min. Wage

$7.25

North Carolina State Laws (2)

NC EEPA

N.C. Gen. Stat. §§ 143-422.1 to 143-422.3

180 days
15+ employees

The North Carolina Equal Employment Practices Act declares it the public policy of the state to protect employees from discrimination based on race, religion, color, national origin, age, sex, or handicap. However, the Act is notably limited — it does not provide a standalone private right of action. Employees must file with the EEOC or pursue claims under federal law. The North Carolina Retaliatory Employment Discrimination Act provides separate protection against retaliation for filing workers' compensation claims or OSHA complaints.

Protected Classes

racereligioncolornational originagesexhandicap

Key Provisions

  • ✓Declares a state policy against employment discrimination but does not provide an independent private cause of action
  • ✓Employees must rely on federal statutes (Title VII, ADA, ADEA) for enforceable remedies
  • ✓North Carolina is one of the weakest states for employment discrimination protections at the state level

Remedies

Must pursue remedies through federal law (Title VII, ADA, ADEA)No independent state remedy under the EEPA itself
File with: EEOC (no standalone state enforcement mechanism)180 days (through EEOC); no standalone state deadline

NC REDA

N.C. Gen. Stat. § 95-240 et seq.

180 days
1+ employees

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits employers from retaliating against employees who file or participate in workers' compensation claims, OSHA complaints, Wage and Hour Act complaints, mine safety or health complaints, or National Guard or reserve duty. REDA covers all employers with one or more employees and provides a private cause of action — unlike the NCEEPA, REDA creates enforceable rights for employees. Complaints must be filed with the NC Department of Labor within 180 days.

Key Provisions

  • ✓Primary enforcement mechanism for retaliation claims in North Carolina, providing the private right of action that the NCEEPA lacks
  • ✓Prohibits retaliation for filing workers' compensation, OSHA, wage, or mine safety complaints
  • ✓Covers all employers with 1 or more employees; must exhaust administrative remedy with the Department of Labor before filing suit

Remedies

ReinstatementBack payLost benefitsCompensatory damagesAttorney fees and costsInjunctive relief
File with: North Carolina Department of Labor180 days from the retaliatory act

Federal Laws That Apply in North Carolina

These federal statutes protect workers nationwide, including in North Carolina. North Carolina is a non-deferral state — the EEOC filing deadline is 180 days.

Title VII15+ employees
180 days
ADA15+ employees
180 days
ADEA20+ employees
180 days
EPA1+ employees
730 days
PDA15+ employees
180 days
PWFA15+ employees
180 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
180 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
180 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in North Carolina

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.North Carolina laws are subject to legislative changes. Consult a qualified employment attorney in North Carolina for advice about your specific situation. Last reviewed: February 2025.