Are employers allowed to terminate employees for filing a charge of discrimination with the EEOC?
The answer to the question is no. Under federal and North Carolina employment discrimination law, employers are not allowed to terminate employees for filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). This protection, known as the “anti-retaliation provision,” is an important part of the EEOC’s enforcement of civil rights law. Under this provision, employers may not discharge, demote, suspend, threaten, harass, or in any way discriminate against an employee who has made a charge of discrimination, testified, or participated in any manner in an investigation, proceeding, or hearing under anti-discrimination laws. This protection extends to any employee who has been associated with a person who has filed a claim of discrimination, even if the employee does not participate in the process. In sum, employers in North Carolina are not allowed to terminate employees for filing a charge of discrimination with the EEOC. It is unlawful under both federal law and North Carolina law, and could result in civil or criminal penalties against the employer.
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