Concerned about job discrimination? The Leon Law Firm can help.

What is employment discrimination?

Generally, an employer is discriminating against an employee when that employee is being treated differently than other employees who are in a similar job situation but are not members of the same sex, race, ethnic origin, religion, age-group, or, disability status. Being "treated differently” means differences in the terms, conditions, and, privileges of employment, such as hiring, termination, discipline, schedules, or, employment benefits, including wages.

Why is discrimination limited to sex, race, ethnic origin, religion, age-group, or, disability status?

Those categories reflect the federal laws that prohibit discrimination. The U.S. Civil Rights Act is the primary law that protects employees from discrimination in the workplace. In addition, the Age Discrimination in Employment Act and the Americans with Disabilities Act are important federal laws protecting employees from workplace discrimination.

Which employers and which employees are covered by the federal laws?

Employers who regularly employ 15 or more employees may not treat employees differently because of the employee’s race, sex (including pregnancy), national origin, religion, age (if the employee is over 40), or, a permanent disability.

Does North Carolina offer any other protection from discrimination?

Yes. In addition to the federal laws, North Carolina’s Retaliation in Employment Discrimination Act (REDA) prohibits employers from discriminating against employees who exercise their rights under the Workers Compensation law, North Carolina’s Wage and Hour Act, or who complain to OSHA about safety violations in the workplace. North Carolina also prohibits discrimination against disabled citizens (The Handicapped Persons Protection Act) and prohibits discrimination on the basis of sex, race, national origin, and, religion (The North Carolina Equal Employment Practices Act).

How do I file a charge of discrimination?

To file a Charge of Discrimination under one of the federal laws, contact the Equal Employment Opportunity Commission (EEOC). The following link will give you the area EEOC office that you should contact as well as some general information about filing your charge: http://www.eeoc.gov/. To file a Complaint under North Carolina’s REDA statute, contact the North Carolina Department of Labor. The following link will give you information for contacting that office as well as some general information about filing the complaint: http://www.nclabor.com/edb/edb_act.htm