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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 (8)

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

NC Use of Genetic

N.C. Gen. Stat. § 95-28.1A

365 days
1+ employees

Prohibits employers from denying or refusing employment to any person, or from discharging any person, on account of genetic information or because that person has requested genetic testing or counseling services.

Protected Classes

genetic_informationfamily_medical_historygenetic

Key Provisions

  • Prohibits employers from denying or refusing employment to any person, or from discharging any person, on account of genetic information or because that person has requested genetic testing or counseling services.

Remedies

compensatory damagesback payreinstatementattorney fees

NC Lawful Use of

N.C. Gen. Stat. § 95-28.2

365 days
3+ employees

Prohibits employers from discriminating against employees because of their lawful use of lawful products (e.g., tobacco) during nonworking hours off the employer's premises, with limited exceptions.

Key Provisions

  • Prohibits employers from discriminating against employees because of their lawful use of lawful products (e.g., tobacco) during nonworking hours off the employer's premises, with limited exceptions.

Remedies

lost wagesreinstatementattorney fees

NC Persons with Disabilities

N.C. Gen. Stat. §§ 168A-1 to 168A-12

180 days
15+ employees

Prohibits discrimination on the basis of disability in employment, housing, and public accommodations; covers private employers with 15+ employees and provides for reasonable accommodation.

Protected Classes

disabilityperceived_disabilityassociation_with_disabled

Key Provisions

  • Prohibits discrimination on the basis of disability in employment, housing, and public accommodations; covers private employers with 15+ employees and provides for reasonable accommodation.

Remedies

compensatory damagesback payreinstatementinjunctive reliefattorney fees
File with: North Carolina Office of Administrative Hearings, Civil Rights Division180 days to file with the NC Civil Rights Division; 2 years for civil suit

NC Discrimination Against Persons

N.C. Gen. Stat. § 95-28.1

365 days
1+ employees

Prohibits employers from refusing to hire, discharging, or otherwise discriminating against an employee solely because the person possesses sickle cell trait or hemoglobin C trait.

Protected Classes

genetic_informationgeneticrace

Key Provisions

  • Prohibits employers from refusing to hire, discharging, or otherwise discriminating against an employee solely because the person possesses sickle cell trait or hemoglobin C trait.

Remedies

compensatory damagesback payreinstatementattorney fees

NC Retaliatory Employment Discrimination

N.C. Gen. Stat. § 95-241(a)(1)

180 days
1+ employees

REDA prohibits retaliation against employees who file or threaten to file a workers' compensation claim, in addition to its other protected activities.

Protected Classes

workplace_safetyretaliation_for_safety_complaints

Key Provisions

  • REDA prohibits retaliation against employees who file or threaten to file a workers' compensation claim, in addition to its other protected activities.

Remedies

reinstatementback paytreble damages for willful violationsattorney fees

NC Wage and Hour

N.C. Gen. Stat. §§ 95-25.1 to 95-25.25

730 days
1+ employees

Establishes state minimum wage, overtime, and wage-payment requirements; entitles employees to all promised wages (including bonuses, commissions, and accrued vacation if employer policy provides) on the regular payday.

Protected Classes

minimum_wageovertime

Key Provisions

  • Establishes state minimum wage, overtime, and wage-payment requirements; entitles employees to all promised wages (including bonuses, commissions, and accrued vacation if employer policy provides) on the regular payday.

Remedies

unpaid wagesliquidated damages equal to back wagesattorney feescourt costs

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.

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: March 2026.