North Carolina Complaint for Employment Discrimination is a legal document filed by an employee alleging that their employer has violated their rights under the North Carolina State Employment Discrimination Act (NC EDA). It is used to challenge unfair or illegal treatment on the basis of race, color, national origin, religion, sex, age, handicap, or retaliation. The North Carolina Department of Justice provides two types of Complaints for Employment Discrimination. The first is the North Carolina Charge of Employment Discrimination, which is used to file a complaint with the North Carolina Department of Justice. The second is the North Carolina Civil Action Complaint for Employment Discrimination, which is used to file a lawsuit in the North Carolina Superior Court. Both types of Complaints for Employment Discrimination must be filed within 180 days of the alleged discrimination. The Complaint should contain detailed information about the discrimination, including the date, time, and place of the alleged discrimination, the name of the employer, and the names and contact information of any witnesses. The Complaint must be accompanied by any supporting documents, such as emails, text messages, or other evidence. Once the Complaint is filed, the North Carolina Department of Justice or the North Carolina Superior Court will investigate the allegations and decide whether to proceed with the case. If the investigation finds that the employee's rights have been violated, the employer may be ordered to take corrective action, pay damages, or other remedies.
North Carolina Complaint for Employment Discrimination
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FAQ
Filing an employment discrimination lawsuit in court. A lawsuit can be filed within 90 days after receiving the notice. Under the ADEA, a lawsuit may be filed at any time 60 days after filing a charge with the CRD.
It will not only benefit you, but your co-workers as well because it will likely make your workplace safer by creating a better environment for all. When you sue, you can also obtain a legal remedy for the discrimination you have faced. Employers often offer a significant sum in these cases.
To file a Retaliatory Employment Discrimination complaint with the NC Department of Labor, or call 1-800-NC-LABOR (1-800-625-2267).
Civil actions must be brought within 180 days after the date the aggrieved person became aware of, or should have become aware of, the alleged discriminatory practice or conduct (N.C. Gen. Stat. Ann. § 130A-148(i)).
The chances of winning your discrimination case can vary dramatically depending on the particular circumstances you face. When a lot of evidence has accumulated against your employer, such as emails and history of discriminatory remarks in front of multiple witnesses, your chances of winning a lawsuit are higher.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.
Limits On Compensatory & Punitive Damages There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000.
Employers who regularly employ 15 or more workers must give all persons the right and opportunity to seek obtain and hold employment without discrimination or abridgment on account of race, religion, color, national origin, age, sex or persons with disabilities.