If you’re the victim of workplace discrimination, you know your employer’s bad choices can touch and harm every area of your life. But you’re not without recourse against an employer’s wrongful actions. Employment discrimination is illegal under federal and North Carolina law.
Has your employer mistreated you? You can get the help of an experienced workplace discrimination lawyer in Winston-Salem at EMP Law. We put in the hours necessary to help our clients see victory, and we have won large awards on behalf of mistreated workers.
Learn how our Winston-Salem, North Carolina employment discrimination lawyers can assist you by calling (336) 724-2828 or sending an online message today.
Key Points
- Employment discrimination is illegal under both federal and North Carolina law, covering adverse decisions or harassment based on age, race, color, sex, religion, disability, nationality, genetics, or pregnancy — and protections apply to current employees, former employees, and job applicants.
- Federal law and North Carolina law overlap significantly but are not identical, — federal protections extend to genetics and pregnancy while state law does not, making it important to evaluate both when determining your strongest legal options.
- Sexual harassment is a form of unlawful sex discrimination under both federal and state law, and your employer can be held liable regardless of whether the harasser is a supervisor, coworker, contractor, client, or customer.
- You generally have only 180 days to file a discrimination complaint with the EEOC, and your employer must have at least 15 employees to be covered — missing this deadline can permanently eliminate your ability to pursue a claim.
- Victims of workplace discrimination may be entitled to back pay, reinstatement, compensatory damages, punitive damages, and attorney fees, — an experienced Winston-Salem discrimination lawyer can help you pursue a complaint, negotiate a settlement, or take your case to court.
What Is Employment Discrimination?
Employment discrimination occurs when you suffer harassment, punishment, or denial of benefits in the workplace because of your membership in a protected class. You can combat this type of unfair treatment through a lawsuit. You may also choose to file a state or federal complaint against your employer.
You can have standing to complain or sue if you’re a current employee, a former employee, or a potential employee going through the application process in North Carolina.
Protected Classes Under Federal Law
Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other federal laws give workers certain protections against discrimination.
On a federal level, you’re a victim of unlawful discrimination if your employer mistreats you or makes adverse employment decisions against you because of your:
- Age,
- Color,
- Disability,
- Genetics,
- Nationality,
- Pregnancy,
- Race,
- Religion, or
- Sex.
The Age Discrimination in Employment Act specifically protects workers 40 years old or older. And workers with permanent or temporary disabilities can find protection under the Americans with Disabilities Act, the Family and Medical Leave Act, and the Rehabilitation Act.
Protected Classes Under North Carolina Law
Under North Carolina law, an employer commits unlawful discrimination if they mistreat you or make adverse employment decisions against you because of your:
- Age,
- Color,
- Disability,
- Nationality,
- Race,
- Religion, or
- Sex.
As you can see, there is a lot of overlap between unlawful discrimination on the state and federal levels. A skilled workplace discrimination lawyer in Winston-Salem can determine your best legal options for holding your employer legally accountable for their misconduct.
What About Sexual Harassment?
Federal and North Carolina laws include sexual harassment as part of unlawful sex discrimination.
What Is Sexual Harassment?
Sexual harassment occurs in many ways, including:
- Unwelcome sexual advances,
- Requests for sexual favors,
- Offensive verbal sexual conduct,
- Offensive physical sexual conduct,
- Unwelcome touching, and
- Offensive comments based on someone’s sex.
If being subjected to this type of mistreatment is a condition of your continued employment or receipt of benefits, that’s sexual harassment. Or if sexual misconduct in the workplace creates a hostile or disruptive workplace, that’s sexual harassment.
All discrimination and harassment can be difficult to confront, but sexual harassment can be an especially sensitive topic to discuss for many employees. An experienced Winston-Salem sexual harassment attorney can lend a supportive ear to your experience and help protect you and your rights.
Is Your Employer Liable for the Actions of Others?
Your employer can be liable for workplace sexual harassment regardless of whether your harasser is a:
- Supervisor,
- Coworker,
- Contractor,
- Client, or
- Customer.
Depending on how much control your employer had over the circumstances of your harassment and how they responded (or didn’t respond), they could owe you money damages, workplace changes, or both. The best way to know what you’re owed is to speak to an experienced Winston-Salem sexual harassment lawyer about your situation.
Filing a Discrimination Complaint or Lawsuit
If you’re the victim of workplace discrimination, you can file a federal complaint (or “charge”) against your employer with the Equal Employment Opportunity Commission. Whether you plan to file a federal or state complaint or lawsuit, your employer must have at least 15 employees to be liable under the law. And you generally have only 180 days to file a complaint. It’s best to speak to a discrimination or sexual harassment attorney in Winston-Salem immediately to help ensure you meet critical deadlines.
You can also sue your employer in civil court for discrimination. Depending on the circumstances, you might have to wait on certain determinations from your government complaint before you can sue in court.
Frequently Asked Questions — Workplace Discrimination in Winston-Salem
What are examples of workplace discrimination in North Carolina?
Workplace discrimination can take many forms. Common examples include: being passed over for a promotion because of your race while less-qualified colleagues advance; being terminated shortly after disclosing a disability or requesting an accommodation; receiving lower pay than colleagues of a different sex doing the same work; being subjected to racially hostile comments that management refuses to address; being demoted after filing an internal HR complaint about discrimination; or being laid off in a reduction-in-force that disproportionately targets workers over 40. Discrimination can affect any term or condition of employment not just termination.
How long do I have to file a workplace discrimination claim in North Carolina?
For most private sector employees, you have 180 calendar days from the date of the discriminatory act to file a charge with the EEOC. State government employees in NC have up to 300 days in some circumstances. After the EEOC issues a right-to-sue letter, you have 90 days to file a federal lawsuit. These deadlines are absolute missing them can permanently bar your claim. If you are close to or unsure about your deadline, contact an employment attorney immediately.
Can I be fired for reporting workplace discrimination?
No, retaliation against an employee for reporting discrimination, participating in an EEOC investigation, or opposing discriminatory practices is unlawful under Title VII, the ADA, the ADEA, and GINA. Retaliation is the most commonly alleged form of workplace discrimination, making up nearly 48% of all EEOC charges in FY2024. An employee can have a valid retaliation claim even when the underlying discrimination they reported cannot be independently proven as long as they had a reasonable, good-faith belief that the conduct violated the law when they reported it.
What is the difference between discrimination and harassment?
Discrimination refers to adverse employment decisions hiring, firing, pay, promotion, demotion, assignment made because of a protected characteristic. Harassment refers to unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create a hostile or abusive work environment, or that is tied to employment benefits as a condition of the job. Both are forms of unlawful discrimination under federal and NC law, and both are addressed by the same federal statutes.
Does my employer have to have 15 employees for the law to apply?
For most federal anti-discrimination laws including Title VII, the ADA, the Pregnancy Discrimination Act, and the Pregnant Workers Fairness Act, the employer must have at least 15 employees. The Age Discrimination in Employment Act (ADEA) requires at least 20 employees. These thresholds apply to the employer’s total employee count, not just the location where you work. If you are unsure whether your employer meets the threshold, an employment attorney can assess this quickly.
Do I need a lawyer to file an EEOC complaint?
No, you can file a charge with the EEOC without an attorney. However, how a charge is worded and which claims are included significantly affect the strength of any later lawsuit. Mistakes made during the EEOC process can limit your options even when your underlying claim is strong. Most employment attorneys offer consultations to help you understand whether representation makes sense for your situation before you file.
We Have the Skill, Experience, and Determination to Protect Your Rights
When you give your time and hard work to an employer, you should expect to be protected. Unfortunately, many employers fail to protect their employees. That’s where we step in.
At EMP Law, we are well-known for our exceptional employment law team. We are highly experienced, and we have delivered significant compensation for harmed employees. Reach out to our law firm today if you need a skilled Winston-Salem, North Carolina employment discrimination lawyer.
You can call us at (336) 724-2828 or reach us online.
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