Employment discrimination occurs when an employer makes a negative decision about you—or subjects you to unequal terms and conditions of employment—because of a protected characteristic. Discrimination can be obvious (a direct statement) or subtle (a pattern of decisions that only makes sense when you look at the full timeline and comparators).

Discrimination cases often turn on details: who made the decision, what was said, how policies were applied, and whether similarly situated employees were treated differently.

If you believe your employer crossed the line, an experienced North Carolina employment discrimination attorney can help you evaluate the facts, preserve evidence, and act before deadlines expire.

Protected Characteristics Commonly Covered by Law

Depending on the statute, protected characteristics may include:

  • Race

  • National origin

  • Sex / gender (including pregnancy-related conditions)

  • Religion

  • Age (typically 40+)

  • Disability

Other protected categories may apply in particular circumstances under federal law.

Key Federal Anti-Discrimination Laws

Many employment discrimination claims are governed by federal law and enforced through the U.S. Equal Employment Opportunity Commission (EEOC). Common statutes include:

  • Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, national origin)

  • Equal Pay Act (EPA) (sex-based wage discrimination)

  • Age Discrimination in Employment Act (ADEA) (age 40+)

  • Americans with Disabilities Act (ADA) (disability discrimination; reasonable accommodations)

  • Pregnancy Discrimination Act (PDA) (pregnancy and related conditions as sex discrimination under Title VII)

North Carolina Law: What It Does (and What It Doesn’t)

North Carolina has important employee protections, but it is not a “one-stop” state discrimination system.

  • North Carolina Equal Employment Practices Act (NCEEPA) expresses the State’s public policy against certain forms of workplace discrimination. In practice, it is often used as the public-policy foundation for a wrongful discharge claim in appropriate cases (typically where the adverse action is termination).

  • North Carolina Persons with Disabilities Protection Act (NCPDPA) provides disability-related protections under state law in certain circumstances.

  • Retaliatory Employment Discrimination Act (REDA) is a North Carolina retaliation statute, but it is not a general “anti-retaliation” law for all discrimination complaints. It protects specific categories of legally protected activity (for example, certain wage-and-hour, workers’ compensation, and workplace safety rights).

Because the right statute matters, good legal analysis starts with a careful claim-by-claim evaluation—what happened, why it happened, and which law actually fits the facts.

Common Types of Employment Discrimination Claims

1) Disparate Treatment (Intentional Discrimination)

Disparate treatment is what most people think of as “classic discrimination”: the employer treats you worse because of a protected characteristic.

Examples can include:

  • Refusing to hire you

  • Firing you or forcing a resignation

  • Demoting you or cutting pay

  • Denying promotions, desirable assignments, or key training

  • Unequal discipline for the same conduct

  • Pay disparities not explained by legitimate factors

A strong case often requires comparator analysis (how others were treated) and a disciplined review of the employer’s stated reason versus the evidence.

2) Disparate Impact (Neutral Policy, Unequal Results)

A disparate impact case focuses on policies that appear neutral on paper but disproportionately harm members of a protected group. These cases can be evidence-heavy and often require a careful look at data, selection criteria, and whether the policy is truly necessary.

3) Harassment and Hostile Work Environment

Harassment becomes illegal discrimination when unwelcome conduct based on a protected characteristic is severe or pervasive enough to alter the terms and conditions of employment.

Harassment may include:

  • Slurs, insults, or “jokes” tied to a protected status

  • Sexual comments, unwanted advances, or objectifying conduct

  • Threats, intimidation, or humiliating behavior

  • Offensive postings, messages, or repeated stereotyping

  • Retaliatory harassment after a complaint

Harassment claims often rise or fall on documentation, witness credibility, and whether the employer responded appropriately once on notice.

4) Retaliation

Retaliation is one of the most common—and most misunderstood—workplace claims. The key is identifying the protected activity and connecting it to the adverse action.

Depending on the situation, protected activity may include:

  • Complaining about discrimination covered by federal law (internally or through the EEOC)

  • Participating in an EEOC process or investigation

  • Exercising specific workplace rights protected by statutes like REDA (in the limited categories REDA covers)

If you reported misconduct and your employer suddenly changed your schedule, targeted your performance, blocked opportunities, or terminated you, timing and documentation are often critical.

What Are My Options If I Was Discriminated Against?

Step One: Consider an EEOC Charge (Often Required)

For many federal discrimination claims, you typically must file a charge with the EEOC before filing a lawsuit in court. The EEOC process can also create early settlement leverage through mediation.

Deadlines matter. In general, EEOC charges must be filed within 180 days of the discriminatory act, and in some jurisdictions/claim types the deadline can extend to 300 days. Waiting can cost you your claim.

Gibbons Law Group, PLLC drafts and files EEOC charges for clients. Just as importantly, we build the case from day one—organizing your timeline, identifying witnesses, preserving documents, and positioning the matter for settlement or litigation.

Mediation, Investigation, and Notice of Right to Sue

Many charges are eligible for voluntary EEOC mediation. If it resolves early, you can avoid years of litigation and still achieve a meaningful result.

If the charge does not settle, the EEOC may investigate or close the matter. In many cases, you will receive a Notice of Right to Sue, and strict deadlines apply once it is issued.

There are exceptions: for example, some statutes have different procedural prerequisites and timing rules.

Filing a Lawsuit

If litigation is appropriate, your case may focus on:

  • What you were qualified to do

  • What negative action occurred (termination, demotion, pay cut, denial of opportunity)

  • Whether similarly situated employees outside your protected group were treated more favorably

  • Whether the employer’s stated reason is legitimate—or a pretext

Discrimination cases are won with evidence: documents, witnesses, comparators, timelines, and a coherent theory that fits the governing statute.

What Compensation (Remedies) May Be Available?

Depending on the facts and the applicable law, remedies may include:

  • Back pay (lost wages)

  • Front pay (future lost earnings)

  • Lost benefits (insurance, retirement contributions, etc.)

  • Compensatory damages (emotional distress and related harms where allowed)

  • Attorney’s fees and costs (where available)

  • Reinstatement or promotion in appropriate cases

  • Punitive damages in limited, fact-specific situations under federal law

The right remedy strategy depends on the evidence, your career goals, and whether a negotiated resolution can deliver certainty and closure.

Why Clients Hire Gibbons Law Group, PLLC

Discrimination cases are high-stakes and deadline-driven. My approach is straightforward:

  • Rapid fact development and claim evaluation

  • Evidence-first case building (timelines, comparators, documents, witnesses)

  • Practical negotiation backed by litigation readiness

  • A disciplined focus on outcome: compensation, clean separation terms, or career protection

Talk With a North Carolina Employment Discrimination Attorney

If you believe you were discriminated against at work in Charlotte, Raleigh, Wilmington, Winston-Salem, Asheville, or anywhere in North Carolina, contact Gibbons Law Group, PLLC to discuss next steps.

Call (704) 612-0038 or use the contact form to request a confidential consultation.

Frequently Asked Questions

Do I have to file with the EEOC before suing?

For many federal discrimination claims, yes—an EEOC charge is usually a prerequisite. Some claims have different rules.

How long do I have to file an EEOC charge?

Often 180 days from the discriminatory act, though some situations can extend that period. The safest approach is to assume the shortest deadline and act quickly.

Is retaliation illegal even if I wasn’t ultimately “right” about discrimination?

Retaliation law is highly fact-specific. The core issues are whether your report qualifies as protected activity under the applicable statute and whether the employer’s response was materially adverse.