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North Carolina Discrimination Legal Questions

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17 legal [2, *]questions have been posted about discrimination by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include civil rights. All topics and other states can be accessed in the dropdowns below.
North Carolina Discrimination Questions & Legal Answers
Do you have any North Carolina Discrimination questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 17 previously answered North Carolina Discrimination questions.
Discrimination
North Carolina

Recent Legal Answers

Do I have a case of discrimination, bullying, harrassment, etc?

Answered 8 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
Discrimination or harassment is unlawful only if it is based on one of the seven "protected classes."  The protected classes are: race, color, sex, national origin, religion, disability or age 40 or older.  If you are subjected to the treatment you reference due to one of these protected classes, then you may have a claim for unlawful discrimination or unlawful harassment if the employer has at least 15 employees.  However, if the treatment is based on some other reason, then it is unlikely that you can file any type of legal claim. ... Read Answer
Discrimination or harassment is unlawful only if it is based on one of the seven "protected classes."  The protected classes are: race, color,... Read Answer

when a boss keeps saying your dyskexia and laughing about it.

Answered 13 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
It is probably best not to use names of the people or employer involved in this forum.  In any case, if you were subjected to this harassment because of a disability (which it seems like it might be), then you would may have a claim for disability based harassment.  You should consult with an experienced employment attorney.... Read Answer
It is probably best not to use names of the people or employer involved in this forum.  In any case, if you were subjected to this harassment... Read Answer

can i file a claim i play a game app on my phone called clash of clans there banning me because of my clan name which is Death to Islam

Answered 13 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
You have no right of free speech from anyone but the government.  Any citizen, corporation or organization can ban you from saying anything they wish in or on any property they own, i.e. the app.  If you do not like it, then you do not have to access the property, i.e. the app.  Most discrimination is perfectly legal and this is not a form of unlawful discrimination.... Read Answer
You have no right of free speech from anyone but the government.  Any citizen, corporation or organization can ban you from saying anything they... Read Answer

Am I being Discriminated On?

Answered 13 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
It may or may not be ethical, but an attorney can only help you with answering a legal question.  I know of no law that makes it unlawful for the school or professor to grade as you have described.
It may or may not be ethical, but an attorney can only help you with answering a legal question.  I know of no law that makes it unlawful for... Read Answer

Can I be removed from a position because of my relationship with a manager even though others in the company are in a relationship ?

Answered 13 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
Yes, unless you work for the government or a union, your employer can remove you from a position or even fire you whenever it wishes.  However, if you were treated differently because of unlawful discrimination or unlawful retaliation, then you may have a claim. 
Yes, unless you work for the government or a union, your employer can remove you from a position or even fire you whenever it wishes.  However,... Read Answer

Is it legal for an employer to ask for your birthdate and social security number before allowing you to fill out an application in the state of NC.

Answered 13 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
Yes, it is lawful.  It would be unlawful to refuse to hire you due to your age if you are over 40.
Yes, it is lawful.  It would be unlawful to refuse to hire you due to your age if you are over 40.

Do I have any case for reverse discrimination?

Answered 13 years and 4 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
This would not be reverse discrimination.  Reverse discrimination only applies with respect to certain affirmative action claims.  This is discrimination based on sex which is prohibited by Title VII of the Civil Rights Act of 1964. Title VII applies equally to men and women.  However, discrimination protections primarily extend to "adverse actions" which means an action that immediately, negatively impacts your pay.  A reprimand, warning, bad evaluation, etc. are not generally considered adverse actions.  Clearly a termination would be an adverse action.... Read Answer
This would not be reverse discrimination.  Reverse discrimination only applies with respect to certain affirmative action claims.  This is... Read Answer

suspended at work without reason why. been over a week and no respnse from them

Answered 13 years and 4 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
I do not see a question here. However, an employer in North Carolina can suspend you indefinitely.
I do not see a question here. However, an employer in North Carolina can suspend you indefinitely.

Should I hire a discrimination lawyer?

Answered 13 years and 4 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
Yes, you should consult with an attorney.
Yes, you should consult with an attorney.

Do I have a case? If yes, chances of winning.

Answered 13 years and 4 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
I believe you posted this twice.  Please see my other answer.
I believe you posted this twice.  Please see my other answer.

Do I have a case? If yes, chances of winning.

Answered 13 years and 4 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
You may have a case based on the Americans With Disabilities Act.  The analysis is complex and depends on several different factors.  You should consult with an experienced employment attorney if you wish to pursue this matter.
You may have a case based on the Americans With Disabilities Act.  The analysis is complex and depends on several different factors.  You... Read Answer

IF I WAS TREATED DIFFERENTLY IN DOING JOB DUTIES CAN I FILE A SUIT

Answered 13 years and 4 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
Discrimination on the basis of race is unlawful.  There are several things you would need to prove to be successful in such a claim.  You should be advised that you must file a charge of discrimination with the EEOC within 180 days of the last act of discrimination.  You should consult with an experienced employment attorney before you make your next move.... Read Answer
Discrimination on the basis of race is unlawful.  There are several things you would need to prove to be successful in such a claim.  You... Read Answer

i was denied employment because my sister works there is that dicrimination

Answered 13 years and 4 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
The only forms of unlawful discrimination are the following: race, color, sex, national origin, religion, disability or age 40 or older.  If you believe that one of those protected classes are the basis for the refusal to hire you, then you should contact the EEOC to file a claim.
The only forms of unlawful discrimination are the following: race, color, sex, national origin, religion, disability or age 40 or older.  If you... Read Answer

How can I find out if my former employer is giving me a bad reference?

Answered 13 years and 5 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
There are reference checking companies you can contact to do a check for you.  A web search for "reference checking" will give you some to choose from.  I normally recommend Alison & Taylor.
There are reference checking companies you can contact to do a check for you.  A web search for "reference checking" will give you some to... Read Answer

am i being discriminated against medically?

Answered 13 years and 5 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
The employer is not required to hold your job longer than 12 weeks under FMLA except in rare circumstances when the Americans With Disabilities Act requires an accommodation.  If you are unable to work the job due to health and that is why you are unemployed, you can draw unemployment benefits as long as you are able to work jobs other than the one you had.... Read Answer
The employer is not required to hold your job longer than 12 weeks under FMLA except in rare circumstances when the Americans With Disabilities Act... Read Answer

under North Carolina law do I have to be granted light duty if the doctor writes a light duty paper for me

Answered 13 years and 5 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
No. Employer are no required to grant any employee, including a pregnant one, light duty. The Pregnancy Discrimination Act only requires an employer to provide the same treatment to a pregnant employee as a non-pregnant one.  The only way you would have a claim is if the employer allowed men or non-pregnant women to have light duty.... Read Answer
No. Employer are no required to grant any employee, including a pregnant one, light duty. The Pregnancy Discrimination Act only requires an employer... Read Answer

What do I need to document Age Discrimination?

Answered 13 years and 5 months ago by attorney Kirk J. Angel   |   1 Answer
Kirk J. Angel
These cases are tough to prove and there is very specific evidence that you need.  It is too much to explain in this forum. 
These cases are tough to prove and there is very specific evidence that you need.  It is too much to explain in this forum. 
Discrimination
North Carolina

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