USA – NORTH CAROLINA Law and Practice Contributed by: Phillip Strach, Alyssa Riggins, Nathaniel Pencook and Cassie Holt, Nelson Mullins Riley & Scarborough LLP
ual orientation and gender identity, disability, age (40 years of age or older), citizenship status and genetic information. Therefore, and despite the “at will” ele - ment of North Carolina law, employers cannot dismiss or terminate protected employees without a non-dis - criminatory reason. Some specific protections that employees and employers should be cognisant of include protec - tions for individuals affected by pregnancy, childbirth or related medical conditions and individuals over the age of 40. By way of example, the Pregnant Work - ers Fairness Act (PWFA) recently went into effect and requires employers to provide reasonable accommo - dations to individuals affected by pregnancy, child - birth or related medical conditions, unless the accom - modation causes the employer undue hardship. The PWFA prohibits employers from retaliating against qualified individuals who have sought reasonable accommodations. Further, as discussed in 7.1 Grounds for Termination , employers must provide employees over the age of 40 with 21 days to consider and accept the terms of any agreement under the ADEA and the OWBPA, along with seven days to rescind the agreement after signing. When an employer undertakes a reduction in force or group lay-off, the ADEA and the OWBPA require the employer to provide affected employees with certain statistical information regarding the other individuals affected by the termination. North Carolina employees have a private right of action for wrongful termination in violation of the fol - lowing federal claims: • the ADA, which prohibits discrimination against disabled workers or candidates; • the Pregnancy Discrimination Act (PDA), which prohibits termination based on pregnancy-related facts; • the PWFA, which expands the rights of workers affected by pregnancy, childbirth or related medical conditions; 8. Disputes 8.1 Wrongful Dismissal
• Equal Employment Opportunity (EEO) laws; • the ADEA, which prohibits discriminating against employees based on age (more specifically, if they are aged 40 or older); and • Title VII of the Civil Rights Act (“Title VII”), which prohibits: (a) wrongful termination due to classification of a protected class including race, colour, religion, sex (including pregnancy, gender identity, and sexuality) and national origin; and (b) retaliation for reporting unsafe, illegal work practices or for any asserted protected rights. North Carolina-specific laws largely mirror federal laws, with the addition of the following state claims. • The North Carolina Equal Employment Practices Act (EEPA) prohibits discrimination based on race, religion, colour, national origin, age, sex or handi - cap (disability). • The PDPA prohibits discrimination against persons with disabilities. • The Retaliatory Employment Discrimination Act (REDA) prohibits retaliation based on an employ - ee’s good faith participation in certain activities, including: (a) filing or threatening to file a wage and hour claim; (b) filing or threatening to file a workplace health and safety claim; (c) filing or threatening to file a workers’ compen - sation complaint or claim; (h) participation in the juvenile justice system; (i) seeking domestic violence protective orders; (j) pesticide exposure; and (k) reporting activities of their employers under the Paraphernalia Control Act. Employees can seek compensatory damages, includ - ing lost pay and lost benefits, as well as punitive, men - tal anguish, emotional distress, or pain and suffering damages for employer actions that are particularly egregious. (d) on the basis of genetic testing, (e) possessing the sickle cell trait; (f) being a haemoglobin C carrier; (g) National Guard service;
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