North Carolina Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in North Carolina and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Executive Order 158, signed into law by the governor in 2020, prohibits state agencies from requesting criminal history information from jobseekers during the initial stages of hiring. Applicable employers may not include questions about criminal records on applications and cannot consider pardoned convictions, expunged records, dismissed charges or those deemed not guilty, and charges that aren’t relevant to the role.

Although the law doesn’t apply to private employers, they are encouraged to adhere to the guidelines when hiring.

Does North Carolina Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Many of North Carolina’s laws mirror the federal fair hiring standards, although there are a few differences.

Do North Carolina Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

North Carolina does not have its own equal pay laws, so the federal law applies.

Do North Carolina Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The Equal Employment Practices Act (EEPA) is a state law that offers similar protections to the ADEA. However, it applies to employers with 15+ employees, while the federal law applies to those with 20+.

Do North Carolina Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The North Carolina Persons with Disabilities Protection Act (NCPWDPA) complements the ADA to prevent discrimination and ensure equal access to employment for individuals with disabilities. In any cases of conflict between the two laws, the ADA takes precedence.

Do North Carolina Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

North Carolina adheres to the federal GINA in regard to the use of genetic information in hiring.

Do North Carolina Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Equal Employment Practices Act offers similar protections to those found in Title VII of the Civil Rights Act of 1964. The state law has some additional protections that restrict against discrimination based on gender identity, military service, genetic information, HIV/AIDS status, and sexual orientation.

Are There Different Fair Hiring Laws in Cities or Municipalities Across North Carolina?

Several cities and municipalities in North Carolina enacted ban-the-box laws. These include Asheville, Charlotte, Durham, and Buncombe, Cumberland, Durham, Forsyth, Mecklenburg, Spring Lake, and Wake Counties. Each of these laws applies to positions within the city or county government.

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