§ 168A-1 – Title.

168A-1. Title. This Chapter may be cited as the North Carolina Persons With Disabilities Protection Act. (1985, c. 571, s. 1; 1999-160, s. 1.)

§ 168A-10 – Retaliation prohibited.

168A-10. Retaliation prohibited. (a) No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment, nor shall any employment agency discriminate against any person, nor shall a labor organization discriminate against any member or applicant for membership because the person has opposed any practice made a discriminatory practice […]

§ 168A-10.1 – Dispute resolution in public services discrimination cases.

168A-10.1. Dispute resolution in public services discrimination cases. The North Carolina Office on the Americans with Disabilities Act shall adopt rules to provide a consistent and comprehensive mechanism for accommodating requests regarding accessibility to public services, and shall adopt dispute resolution procedures to govern responsiveness to those requests. This section does not authorize the North […]

§ 168A-11 – Civil action.

168A-11. Civil action. (a) A person with a disability aggrieved by a discriminatory practice prohibited by G.S. 168A-5 through 168A-8, or a person aggrieved by conduct prohibited by G.S. 168A-10, may bring a civil action to enforce rights granted or protected by this Chapter against any person described in G.S. 168A-5 through 168A-8 or in […]

§ 168A-12 – Statute of limitations.

168A-12. Statute of limitations. A civil action regarding employment discrimination brought pursuant to this Chapter shall be commenced within 180 days after the date on which the aggrieved person became aware of or, with reasonable diligence, should have become aware of the alleged discriminatory practice or prohibited conduct. A civil action brought pursuant to this […]

§ 168A-2 – Statement of purpose.

168A-2. Statement of purpose. (a) The purpose of this Chapter is to ensure equality of opportunity, to promote independent living, self-determination, and economic self-sufficiency, and to encourage and enable all persons with disabilities to participate fully to the maximum extent of their abilities in the social and economic life of the State, to engage in […]

§ 168A-3 – Definitions.

168A-3. Definitions. The following definitions apply in this Chapter: (1) Covered governmental entity. – Any State department, institution, agency, or any political subdivision of the State or any person that contracts with a State department, institution, agency, or political subdivision of the State for the delivery of public services, including, but not limited to, education, […]

§ 168A-4 – Reasonable accommodation duties.

168A-4. Reasonable accommodation duties. (a) A qualified person with a disability requesting a reasonable accommodation must apprise the employer, employment agency, labor organization, place of public accommodation, or covered governmental entity of his or her disabling condition, submit any necessary medical documentation, make suggestions for such possible accommodations as are known to such person with […]

§ 168A-5 – Discrimination in employment; exemptions.

168A-5. Discrimination in employment; exemptions. (a) Discriminatory practices. – It is a discriminatory practice for: (1) An employer to fail to hire or consider for employment or promotion, to discharge, or otherwise to discriminate against a qualified person with a disability on the basis of a disabling condition with respect to compensation or the terms, […]

§ 168A-6 – Discrimination in public accommodations.

168A-6. Discrimination in public accommodations. It is a discriminatory practice for a person to deny a qualified person with a disability the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of a disabling condition. In the area of structural modifications, this […]

§ 168A-7 – Discrimination in public service.

168A-7. Discrimination in public service. (a) It is a discriminatory practice for a covered governmental entity to exclude a qualified person with a disability from participation in or deny the benefits of services, programs, or activities because of a disability or to refuse to provide reasonable accommodations, including auxiliary aids and services necessary for a […]

§ 168A-8 – Discrimination in public transportation.

168A-8. Discrimination in public transportation. It is a discriminatory practice for any transportation system providing transportation to the general public to fail to ensure access to and the benefits of public transportation to a qualified person with a disability; however, public transportation systems may use alternative methods to provide transportation for persons with a disability, […]

§ 168A-9 – Affirmative defenses.

168A-9. Affirmative defenses. Any employer may assert affirmative defenses in any action brought under this Chapter. This section shall not create any inference that an employment action which is not listed as an affirmative defense is therefore, by implication, a discriminatory practice, so long as the employment action is not otherwise prohibited by this Chapter. […]