South Carolina criminalizes “firing a citizen from a job or profession. by reason of his political opinions or the exercise of political rights and privileges guaranteed to any citizen by the Constitution and laws of the United States or by the Constitution and laws of that State. Under certain circumstances, a South Carolina worker can sue his or her employer for wrongful dismissal if that section is violated, making an employee`s political opinion a protected class in itself. South Carolina employers should therefore exercise caution when making decisions to fire employees based on opinions expressed on social media. North Carolina requires minors to have a youth employment certificate to work. North Carolina`s Equal Employment Practices Act and other state laws prohibit an employer from discriminating on the basis of race, religion, color, national origin, age, sex, HIV/AIDS outcomes for current employees, or disability (disability). The Employment Reprisal Discrimination Act, 1992 prohibits an employer from discriminating on the basis of sickle cell disease, haemoglobin C or other genetic information. None of these statutes provides for a specific remedy, so the only way to enforce them is to take legal action on the basis of the common law. North Carolina`s Equal Employment Practices Act prohibits a state or state government agency from discriminating on the basis of race, religion, color, national origin, age, sex, HIV/AIDS outcomes for current employees, or disability (disability). North Carolina`s Equal Employment Practice Act is enforced by the Civil Rights Division of the North Carolina Bureau of Administrative Hearings and more information is available on this website.
Admission forms are available on the Civil Rights Division website. The North Carolina Employment Discrimination in Retaliation Act, enforced by the North Carolina Department of Labor, prohibits an employer from taking specific retaliatory action against an employee based on traits for sickle cell disease or hemoglobin or other genetic information, among other North Carolina laws. including North Carolina Ac occupational safety and health. Employee compensation laws, etc. Complaints filed with the North Carolina Department of Labor`s Office of Retaliatory Employment Discrimination are thoroughly investigated. To file a complaint about retaliatory employment discrimination with the North Carolina Department of Labor, or call 1-800-NC-LABOR (1-800-625-2267). REDA is a truly unique state law in that it specifically prohibits retaliation against employees who engage in a certain set of protected activities. These activities include filing claims or complaints, initiating investigations, investigations, inspections, proceedings or other actions, or testifying or providing information to a person in relation to any of the following matters covered by the Act: workers` compensation, wages and hours of work, occupational health and safety, mine safety and health, discrimination based on sickle cell disease or hemoglobin traits or genetic tests and information, National Guard reinstatement or workplace violence. The REDA was enacted in 1992 after the 1991 fire at a chicken factory in Hamlet, North Carolina, which killed 25 workers and injured 40 others, and was intended to combat workplace retaliation in several areas already regulated by state laws.
It should be noted, however, that the REDA does not cover reprisals for protected activities related to OEE`s usual discrimination. North Carolina employees who wish to complain of retaliation under Title VII, ADA, or ADEA must still file a discrimination complaint with the EEOC. You can also check with your city or county if you live and/or work in a city or county with a local anti-discrimination law or “ordinance.” Some North Carolina cities and counties (including Durham, New Hanover County, and Orange County) have agencies that can handle claims in accordance with local ordinances and may be able to assist you. These bodies are often referred to as the Human Rights Commission, the Human Relations Commission, or the Civil Rights Commission. For more information, check your local telephone directory or visit the government website. North Carolina`s Health Care Act applies to fully insured plans, regardless of employer size. By law, an employer must provide continuous health insurance for up to 18 months to an employee and their insured dependents who lose coverage due to termination of employment or loss of plan eligibility. The North Carolina Equal Employment Practices Act (NCEEPA) prohibits discrimination based on race, color, national origin, religion, age, sex, or disability. If your case is successfully resolved by the EEOC, it may not be necessary to hire an attorney or take legal action (to resolve your case, you`ll likely need to sign a waiver of your legal claims). If your case is not resolved by the EEOC and you wish to pursue the case, you will have to pursue your claim in court. A federal workplace discrimination case cannot be heard in court without first going to the EEOC as described above and asking the EEOC to dismiss your case, a process known as “exhaustion.” Exhaustion is not necessary for state claims, as there is no state law providing for full remedies. North Carolina law requires employers with 25 or more employees to use E-Verify to confirm new employees` work permits.
Employers are not required to use E-Verify for individuals whose term is less than nine months in a calendar year. Like North Carolina, South Carolina is an employment state. However, many employers don`t realize that South Carolina imposes very specific requirements on employee handbooks to avoid being seen as explicit or implicit employment contracts. In particular, employers who want to avoid their manuals being considered contracts by employees should include a prominent warning on the first page of the manual. The disclaimer must be written in capital letters underlined and signed by the employee. It is also advisable to explicitly state the status of employees at will in the disclaimer and to confirm that this status cannot be changed at will by anyone other than the employer`s management by a signed written agreement. The anti-discrimination policies of the universities monitored by EOC provide for the rights guaranteed to members of our university community by state and federal laws. In addition to the protections offered by REDA, North Carolina has several unique wage and hour requirements. For example, employers in North Carolina must inform their employees in writing at the time of hiring of the promised wages, as well as the date and place of payment. Employers in North Carolina must also notify their employees in writing at least one payment period before promised wage changes, although wages can be increased retroactively without such notice.
North Carolina employers should note that this requirement was changed in July 2021 (previously required only 24 hours in advance). Although North Carolina`s Wages and Hours Act does not require employers to provide paid leave if an employer offers paid leave, this leave is generally treated as wages, and the employer must adopt a policy governing when and how leave is earned, whether and how much vacation can be carried forward from year to year. when the holiday pay is to be taken, when and if the holiday pay can be paid instead of the free time and under what conditions the holiday pay expires at the end of the employment relationship. If the employer`s policies on these matters are unclear or ambiguous, the policies will be interpreted in favour of employees. The North Carolina Wages and Hours Act also prohibits deductions from employee compensation unless permitted or required by law, or the amount is known and expressly agreed to by the employee in advance by written authorization. 2. How do I file a discrimination lawsuit in North Carolina? While North Carolina and South Carolina may not be known for their extensive labor laws, employers would do well to consider each state`s particular specifics when it comes to employment before continuing to do business in the Carolinas.