10A NCAC 05C .0216       EMPLOYMENT DISCRIMINATION: PROCEDURES

The North Carolina State Office of Administrative Hearings is the designated entity for deferral of all claims alleging race, color, sex, religion or national origin discrimination in employment, or retaliation for opposition to such alleged discrimination, filed by previous and current state employees or applicants for state employment who were or are subject to N.C.G.S. Section 126‑16 and Article 8 of Chapter 126, which have been filed within the time limits set forth in N.C.G.S. Section 126‑38.  Claimants filing pursuant to this Section must follow the procedures contained in 26 NCAC Chapter 4.  Claims alleging discrimination on the basis of handicap shall also be filed with the EEOC District Director at 5500 Central Avenue, Charlotte, N.C. 28212 within 180 days following the alleged discriminatory action.  Employees who do not work for the state, and applicants for non‑state employment may also file discrimination claims, but they shall do so at their local EEOC office within 180 days following the alleged discriminatory action.

History Note:        Authority G.S. 143B‑10; 143B‑138; 143B‑181.1;

45 C.F.R., Parts 80, 84, 91 and 1321;

Eff. October 1, 1988;

Amended Eff. April 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.