Protecting Your Rights and Addressing Workplace Harassment in North Carolina

In North Carolina, every employee deserves a workplace free from harassment, whether based on race, gender, or other protected characteristics. Workplace harassment can manifest in various forms, from subtle hostility to overt discrimination, creating a toxic environment that undermines dignity and productivity. When such behavior targets an individual or group due to their identity, it may violate state and federal laws, opening the door to legal action.

At The Mack Law Firm, we are dedicated to defending employee rights against unlawful workplace conduct. With a proven track record, our skilled attorney empowers workers to address hostile work environments and seek justice. Based in Raleigh, we serve clients across North Carolina, helping them navigate employment laws. 

While not every workplace conflict rises to the level of illegal harassment, understanding the signs is crucial. This article discusses what constitutes actionable workplace harassment in NC, your rights as an employee, and how you can combat harassment at work. 

What is Workplace Harassment in North Carolina?

In North Carolina, unlawful workplace harassment, as defined by 25 NCAC 01J .1101, involves unwelcome speech or actions targeting an individual’s race, national origin, gender, religion, age, genetic information, color, disability, or political affiliation. Such conduct becomes illegal when it is a condition of continued employment or creates a work environment that a reasonable person would find intimidating, hostile, or abusive due to its severity or persistence.

Sexual harassment, a specific form of this violation, includes requests for sexual favors,  unwelcome sexual advances, or other verbal or physical conduct of a sexual nature. It is actionable when submission to such behavior influences employment decisions, is tied to employment conditions, or significantly disrupts an individual’s work performance by fostering an intimidating, hostile, or offensive workplace. These protections aim to ensure a respectful and equitable work environment for all employees.

North Carolina’s Unlawful Workplace Harassment Policy

In North Carolina, employees are safeguarded from workplace harassment based on characteristics such as race, color, national origin, religion, age, sex, or disability under the North Carolina Equal Employment Practices Act (EEPA). This law emphasizes that workplace discrimination hinders the State’s ability to fully harness its potential for progress and growth.

The protections extend to both job applicants and current employees, ensuring equitable treatment. Violations of the EEPA may lead to legal action through a wrongful discharge or constructive termination claim in court.

Additionally, specific federal laws reinforce protections for certain groups, ensuring equal opportunity in the workplace.

Key federal laws include:

• • Title VII of the Civil Rights Act of 1964
  • The Civil Rights Act of 1991
  • Section 1981 of the Civil Rights Act of 1866
  • Americans with Disabilities Act
  • Age Discrimination in Employment Act
  • Equal Pay Act
  • Pregnancy Discrimination Act

Types of Workplace Harassment in NC

Workplace harassment undermines a safe and equitable work environment, violating both employee rights and legal protections in North Carolina. Understanding the two main types of unlawful harassment is crucial for recognizing and addressing misconduct effectively.

Tangible Employment Action (Quid Pro Quo)

This form of harassment occurs when a supervisor uses their authority to demand compliance with inappropriate behavior tied to protected characteristics, such as race, gender, or religion, resulting in a significant change in an employee’s job status. Employers are held accountable for these actions, as they reflect an abuse of power that directly impacts employment conditions.

Examples of tangible employment actions include:

• • Refusal to hire a qualified candidate
  • Demotion or termination
  • Denying or granting a promotion
  • Unwanted job reassignments
  • Adjustments to compensation
  • Decisions altering employee benefits significantly
  • Changes in job duties or responsibilities

Hostile Work Environment

A hostile work environment arises when actions or comments by managers, supervisors, or coworkers create an intimidating, offensive, or abusive workplace based on protected traits. Unlike quid pro quo, this harassment doesn’t require a demand for favors but disrupts work performance or fosters a toxic atmosphere. 

How to File a Workplace Harassment Complaint in North Carolina

Navigating a hostile work environment complaint can be complex, so consulting a seasoned employment attorney in North Carolina  is highly advisable. An attorney can ensure your case is well-documented and guide you through each step of the process with confidence.

To file a hostile work environment complaint with the Equal Employment Opportunities Commission (EEOC) in person:

• • Contact the EEOC at 1-800-669-4000 to connect with a representative.
  • Register on the EEOC online portal to create an account and obtain an inquiry number.
  • Book an appointment through the portal.
  • Upload all relevant evidence supporting your claim to the portal.
  • List any witnesses who can corroborate the incidents.
  • During your scheduled interview, clearly describe the situation to the EEOC staff member drafting the complaint.
  • Carefully review and sign the finalized complaint.

To file a hostile work environment complaint with the EEOC by mail:

• • Draft a detailed letter outlining the specific incidents that contributed to the hostile work environment.
  • Provide your contact details, your employer’s information, and any witness contacts.
  • Sign the letter to validate your submission.
  • Send the letter to the appropriate EEOC office.

Workplace harassment complaints must typically be filed within 180 days of the most recent incident of harassment. Time is critical, so contact our North Carolina workplace harassment employment lawyer for a free case evaluation to protect your employee rights.

Possible Compensation for a Sexual Harassment Claim

The primary aim of compensation in a sexual harassment case is to restore the victim to the position they would have been in had the harassment not occurred. While full emotional recovery may be challenging, legal remedies can provide financial relief and hold the harasser, or an employer who failed to address complaints, accountable for their actions.

Possible forms of compensation include:

• • Back pay for lost wages due to harassment-related impacts
  • Securing a job offer that was wrongfully denied
  • Receiving a promotion that was unfairly withheld
  • Reinstatement to a position from which you were wrongfully terminated
  • Damages for emotional distress and suffering
  • Coverage of legal fees, including attorneys’ fees, witness costs, and court expenses

In some cases, punitive damages may be awarded to penalize the harasser or employer for egregious misconduct, going beyond compensation to deter future violations and promote workplace accountability.

Book a Free Case Evaluation with a Seasoned Raleigh, NC Employment Lawyer

Workplace harassment in NC, whether quid pro quo or hostile work environment, violates state and federal laws. Employees facing harassment based on protected characteristics can seek compensation, including back pay and damages. The Mack Law Firm empowers workers to fight unlawful treatment. Call us at 1-833-744-1002 or submit our online contact form for a free case evaluation.