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North Carolina Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can a religious nonprofit that receives federal aid choose to not hire me because of a hearing disability?

They say they are an equal opportunity employer, but do not want to hire me because of hearing loss.

Kirk Angel
Kirk Angel answered on Nov 23, 2018

The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.

1 Answer | Asked in Elder Law and Employment Discrimination for North Carolina on
Q: My 59 year old father recently lost his job.

The majority of his coworkers were decades younger, and he suspects he was ousted due to his age. How can he prove that?

Kirk Angel
Kirk Angel answered on Nov 4, 2018

Very complex question with no easy or simple answer. If he believes he was terminated due to age, he will need to file with the EEOC. However, it is very important for him to consult with an experienced employment attorney.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Could this be an example of unequal pay?

My male coworker is paid $17k more than me per year. I know because he left his paystub up on his computer screen, when he asked me to help him with something at this desk. We have the same exact job responsibilities. This person only has a couple more years of industry experience than myself and... Read more »

Kirk Angel
Kirk Angel answered on Sep 6, 2018

Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: can I force an exempt employee to take a week furlough with no pay if he’s the only one that will be off of work?
Kirk Angel
Kirk Angel answered on Sep 6, 2018

In general, under our Wage and Hour law, an employer is not required to pay an exempt employee's salary for any whole day the employee is absent from work for any reason. This is in general, so I recommend you consult with an experienced employer side attorney.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for North Carolina on
Q: injured at work pushing wheelchairs and am now in a medical boot. I was told I can’t Return to whiling wearing boot
Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

If you have to have the boot you should be eligible for workers compensation. If they give you a problem contact a member of the NC Assn for Justice who handles workers comp. They give free consults.

1 Answer | Asked in Employment Discrimination and Workers' Compensation for North Carolina on
Q: Can you be layed off from work a couple days after coming back from a workers comp ingury?
Kirk Angel
Kirk Angel answered on Sep 3, 2018

Yes, you can be laid off or fired at any time for any reason. However, you may have a legal claim in certain circumstances. For example, if you are fired solely because you reported or filed a workers comp claim, if you were fired because you took FMLA time off work to deal with the on-the-job... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for North Carolina on
Q: My employer keeps asking me to quit because he said i was a health risk and isnt paying me right. Do I have a case?

they have messed up my paycheck since i started i get paid 15 hrly but one paycheck says 14.99 and its like they are not trying to pay me the overtime im owed, ive been going to the doctor for a medical reason regarding me working for the employer but he sees me as a health risk and he wants me to... Read more »

Kirk Angel
Kirk Angel answered on Jul 11, 2018

If your employer is not paying you the promised wage, and has not notified you in writing that the promised wage changed, then you can file a claim for the unpaid portion. In this case it appears that would be one cent.

In general, just talking to you about resigning or even encouraging you...
Read more »

1 Answer | Asked in Employment Discrimination for North Carolina on
Q: Can I sue my place of employment for retaliation and discrimination?

Hello,

My boss and I got into a heated disagreement. Afterwords I told my co-worker I needed to leave because I was so upset . The next day I reached out to another co-worker to cover my shift which is protocol when we know we'll be calling out. The next day my boss sends me an e-mail... Read more »

Kirk Angel
Kirk Angel answered on Jun 20, 2018

If you did not resign, I would not "hand in a resignation." However, your employer has the right to just fire you instead. This may be retaliation, but it would not be unlawful retaliation for which you can file an employment claim. As for the discrimination, if you have lost your job... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: When it comes to an eeoc investigation and or lawsuit matters, can the surveillance footage of the building be used?

I documented date and time of employee discrimination incidents because I know it is being recorded. It is the security surveillance of the building. It's recorded daily. Give them date and time, they can pull it up.

Kirk Angel
Kirk Angel answered on Jun 19, 2018

You may be able to use the video if you have it. If you have an EEOC proceeding, let the investigator know you have the vide and offer to submit it to him/her. As for court, you would have to demonstrate several things to the Judge including that the video is what it purports to be (i.e. is the... Read more »

1 Answer | Asked in Employment Discrimination for North Carolina on
Q: Can I be terminated from a job bc the boss says a ALE officer says I can't if I'm a server and I bring alcohol to table

Bc I'm on parole

Kirk Angel
Kirk Angel answered on Jun 3, 2018

Yes. North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all. It does not matter whether the ALE officer says you can bring the alcohol or not as your employer can fire you either way.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: What rights do I have being sent home from work due to a doctor's note, yet I am still able to perform many job duties?

I am an employee in NC who has injured a toe and have received a doctor's note to "avoid prolonged periods of standing" at work for 1 week. My employer has told me I cannot come into work all week because of this, even though many of my job duties include working at a desk where no... Read more »

Kirk Angel
Kirk Angel answered on May 28, 2018

Employers in this state are not required to honor doctor's notes or change, modify or remove any job duty due to a health/medical condition unless same is covered by the FMLA or the ADA. It is hard to tell if your situation is covered by either law from these facts, but my guess is that it is not.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: NC Labor Laws and Employer

If you have provided medical accommodations information regarding your bathroom breaks can a job request that you make up time

Kirk Angel
Kirk Angel answered on May 28, 2018

North Carolina has no law that applies to this situation and only the federal Americans With Disabilities Act applies. In short, yes they can request you make up the time.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can an employer deny my doctor's request for limited hours?

HR and Employee Relations have had to intervene on my behalf back in Dec and Jan due to my boss retaliating against me by giving me additional work not given to the rest of the team. It's a long story, but eventually my stressful work environment took it's toll and I had an anxiety... Read more »

Kirk Angel
Kirk Angel answered on Mar 8, 2018

In general, yes your employer can deny the doctor's request. If you are covered by the Americans With Disabilities Act, the employer has a duty to consider reasonable accommodations for your condition (with or without a doctor's note). The decision on whether the employer has a duty to... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Is it legal to fill a laid off position in NC with a male counterpart of approximately the same age into the same job?

Recently dismissed from a company after 15 years without incident or cause. I am a mid 40s, white female. Was told "the brand is moving in a different direction." And yet, the current supervisor (white male) filled the same position with one of MY former employees (white male).

Kirk Angel
Kirk Angel answered on Mar 1, 2018

Yes, unless the reason the male was placed in your former position due to sex. If you allege that it is due to sex, you will need sufficient evidence to prove sex was the reason. You have 180 days from the incident of alleged discrimination to file a charge with the EEOC.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Is it against the law for an employer to tell other employees that that are not managers about your medical information
Kirk Angel
Kirk Angel answered on Feb 4, 2018

If your employer has 15 or more employees, it is covered by the Americans With Disabilities Act. The ADA requires employers to keep employee health and medical information confidential. Such information can only be shared with folks who need to know. You can get more information from the US... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Does refusing an employee light/modified duty, then allowing another employee to perform light duty qualify as..Cont

discrimination? I work in healthcare. Myself and the HR person was told by my manager, light duty was reserved for employees injured on the job. I had surgery in October and remained on short term disability for 6 weeks which created a hardship for my family. But the manager allowed another... Read more »

Kirk Angel
Kirk Angel answered on Jan 17, 2018

Not automatically, but it does suggest unlawful discrimination. I recommend consulting with an experienced employment attorney to help you determine whether it was unlawful discrimination and to discuss your options moving forward.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: My boss during a training conference said a couple of racist and discriminatory comments

I felt really uncomfortable but did not say anything. Comments where not for me. What are the steps I should take to report this behavior. What are my options?

Kirk Angel
Kirk Angel answered on Jan 13, 2018

Not really sure what options you have. I recommend looking at your employee handbook and/or speaking to HR.

However, racist or discriminatory comments on one occasion are not, by themselves, unlawful. To be unlawful harassment, the comments would have to be repeated on multiple occasions...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I was terminated from my job for looking at my cell phone outside of the building.

They have a no phone policy inside the building but I was outside also 2 other employees got into trouble for their phones but they didn't get any consequences, also we had a big snow and they wouldn't let us go home I called them and told them at lunch the roads we're bad and they... Read more »

Kirk Angel
Kirk Angel answered on Dec 30, 2017

This is an at-will employment state where an employee can be fired for any reason even if it is unfair. You may be able to sue for wrongful firing if you can show that unlawful discrimination or unlawful retaliation were the "real" motive for your firing. You mentioned that others were... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: My HR case got brushed under the rug and had 0 confidentiality now the attacker is retaliating, what do I do?
Kirk Angel
Kirk Angel answered on Dec 23, 2017

This is a tough question to answer. Let me give you the "legal" side, in overview, and then you can weigh that against your own personal "practical" side. First, there is no need for HR to take your complaint, case or situation seriously unless there is a legal reason to.... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can I sue for wrongful disability termination if I didn't disclose the specific disability to my employer?

My disability didn't prevent me from completing work, and I was let go for reasons besides inability to complete work, though my disability may have contributed to actions that led to being let go.

Kirk Angel
Kirk Angel answered on Dec 14, 2017

It is hard to say without consulting with you as many more facts are needed which would also bring more questions. In general, you do not have to identify the exact disability. However, you will need to have identified enough about the disability for the employer to have determined it was a... Read more »

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