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Key points about employment discrimination in North Carolina

On Behalf of | Oct 19, 2022 | Employment Law

Employees who are mistreated in any way on the job in North Carolina have rights. Frequently, there is a certain level of fear from those who have faced discrimination in the workplace because they do not want the situation to get worse.

In some cases, they might be immigrants and be unfamiliar with the law and how the North Carolina Department of Labor protects them and anyone else who works in the state. To eliminate those concerns and take the necessary steps, it is important to be aware of the facts.

Recognizing and knowing what to do after employment discrimination

Workers who have faced an adverse employment action like being terminated, suspended, demoted, transferred, having reduced wages or in other ways and believe it was due to discrimination have the right to lodge a complaint. For example, if an immigrant worker was penalized for the same acts that a non-immigrant was not penalized for, this could be due to discrimination.

After deciding to complain, the worker is advised to contact the Employment Discrimination Bureau Information Officer to have guidance on how to proceed. They will fill out a form and file it with the Retaliatory Employment Discrimination Bureau.

The NCDOL will be informed of the complaint, assess the facts and decide whether to move forward. If the NCDOL does not believe there is merit to the allegations, it tells the complainant that they could not find evidence of the discrimination claim. This still gives the complainant the opportunity to file a civil claim against the employer. If the claim is found to have merit, the DOL can try to address it informally with the employer. The Commissioner of Labor can file a Superior Court case for the complainant. Or the complainant can sue on their own.

The complainant can receive various forms of compensation if they show they actually experienced discrimination. That can include an injunction against the employer; the employee being reinstated and getting all their benefits and back pay and receiving triple the amount in compensation if the acts were done intentionally. Attorney fees can also be paid.

Seeking legal advice for employment issues can be helpful with a case

Employees must remember they have rights and should not simply accept poor treatment from their employer, managers, superiors or colleagues. When there has been employment discrimination, there are a list of ways to hold the employer accountable and be adequately compensated. For help, it is important to consult with experienced professionals who understand all areas of employment law.