North Carolina Workplace Harassment Laws: State and Federal Routes

North Carolina has no state statute that lets a private-sector employee bring an administrative charge or a lawsuit for workplace harassment based on sex, race, religion or most other traits. The state's Equal Employment Practices Act, N.C. Gen. Stat. 143-422.2, declares a public policy against discrimination by employers that regularly employ 15 or more employees, but the Act contains no harassment clause and no section creating a claim, so a private-sector harassment claim in North Carolina usually runs under federal law, chiefly Title VII.

The exceptions are narrower state routes: a civil action for disability discrimination under Chapter 168A, a harassment grievance and contested case for State employees under G.S. 126-34.02, common-law tort claims, and a civil no-contact order an employer can seek for workplace stalking or harassment. The federal rules are explained on the workplace harassment laws by state hub; this page covers what North Carolina's own law does and does not do.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Carolina state law on workplace harassment by employers, supervisors and coworkers: the Equal Employment Practices Act (G.S. 143-422.1 to 143-422.3), the Persons with Disabilities Protection Act (G.S. Chapter 168A), the State employee grievance statute (G.S. 126-16 and 126-34.02), the Retaliatory Employment Discrimination Act (G.S. 95-241 to 95-243), the workplace violence prevention article (G.S. 95-260 and 95-261) and a leading tort decision. It does not cover wrongful firing or the full charge and lawsuit procedure (see North Carolina wrongful termination), damages estimates, criminal harassment or stalking prosecutions, harassment outside employment, local ordinances, or federal-employee procedure.

North Carolina harassment rules at a glance

What the Equal Employment Practices Act does and does not do

The Equal Employment Practices Act is Article 49A of Chapter 143. It has three sections: a short title (G.S. 143-422.1), a declaration of public policy (G.S. 143-422.2) and a section on investigations (G.S. 143-422.3). The declaration reads:

"(a) It is the public policy of this State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, sex or handicap by employers which regularly employ 15 or more employees." (N.C. Gen. Stat. 143-422.2(a))

Two points follow from the text. First, the Act states a policy; it contains no list of unlawful employment practices, no definition of harassment and no remedy section. Second, its list of traits uses the older word "handicap" rather than "disability," and it does not name sexual orientation, gender identity, pregnancy or genetic information.

The only enforcement text is G.S. 143-422.3:

"The Human Relations Commission in the Civil Rights Division of the Office of Administrative Hearings shall have the authority to receive charges of discrimination from the Equal Employment Opportunity Commission pursuant to an agreement under Section 709(b) of Public Law 88-352, as amended by Public Law 92-261, and investigate and conciliate charges of discrimination. Throughout this process, the agency shall use its good offices to effect an amicable resolution of the charges of discrimination." (N.C. Gen. Stat. 143-422.3)

That section works through charges referred by the EEOC and through conciliation. It does not give a private-sector employee a state charge to file or a state lawsuit to bring.

Private-sector employees: federal law is the main route

For most private-sector workers in North Carolina, the harassment rules that apply are federal. Title VII defines a covered employer as one with "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (42 U.S.C. 2000e(b)). The EEOC states that its "180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis," and that in harassment cases a charge is due "within 180 or 300 days of the last incident of harassment." The EEOC offices that take North Carolina charges state that an individual in North Carolina has 300 days from the date of alleged harm to file a charge against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion or disability.

The federal hostile-environment standard, employer liability rules and remedies are covered on the workplace harassment laws hub. None of the North Carolina harassment-related statutes covered on this page defines or sets a hostile-environment standard of its own.

Disability: the Persons with Disabilities Protection Act

Chapter 168A is the North Carolina statute in this area that gives a private-sector employee a civil action. It covers only disability. Its employer definition reaches "Any person employing 15 or more full-time employees within the State, but excluding a person whose only employees are hired to work as domestic or farm workers at that person's home or farm" (G.S. 168A-3(2)).

Section 168A-5(a)(1) makes it 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, conditions, or privileges of employment;" (N.C. Gen. Stat. 168A-5(a)(1))

That clause does not use the word harassment; it reaches discrimination in "the terms, conditions, or privileges of employment." The deadline is short: "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" (G.S. 168A-12).

State employees: a harassment grievance under G.S. 126-34.02

North Carolina's personnel statute is the one employment-discrimination remedy covered here that uses the word harassment, and it is limited to State employment. Section 126-34.02(b)(1) provides:

"(1) Discrimination or harassment. - An applicant for State employment, a State employee, or former State employee may allege discrimination or harassment based on race, religion, color, national origin, sex, age, disability, genetic information, or political affiliation if the employee believes that he or she has been discriminated against in his or her application for employment or in the terms and conditions of the employee's employment, or in the termination of his or her employment." (N.C. Gen. Stat. 126-34.02(b)(1))

The claim proceeds as a contested case at the Office of Administrative Hearings after completion of the agency grievance procedure and the Office of State Human Resources review (G.S. 126-34.02(b)), and "The contested case must be filed within 30 days of receipt of the final agency decision" (G.S. 126-34.02(a)).

A separate section sets the equal-opportunity rule for public employers: "All State agencies, departments, and institutions and all local political subdivisions of North Carolina shall give equal opportunity for employment and compensation, without regard to race, religion, color, national origin, sex, age, disability, or genetic information to all persons otherwise qualified" (G.S. 126-16).

The Office of Administrative Hearings' Civil Rights Division investigates State employee charges. Its page states that "OAH was desigated as a 706 deferral agency by the Equal Employment Opportunity Commission (EEOC) and the North Carolina General Assembly and therefore charges are dually filed," meaning a charge filed with one agency is treated as filed with the other. OAH describes its jurisdiction as positions covered by Chapter 126, the North Carolina Human Resources Act, "including county social services, mental health, public health and civil preparedness employees."

Tort claims against the harasser and the employer

Because North Carolina has no private-sector harassment statute, state-law claims over harassment at a private employer rest on common-law torts rather than on a statute. The leading example is Hogan v. Forsyth Country Club Co., 79 N.C. App. 483 (N.C. Ct. App. 1986), in which the Court of Appeals considered a claim for intentional infliction of emotional distress by an employee who described repeated unwanted touching and remarks by another employee. The court wrote:

"No person should have to be subjected to non-consensual sexual touchings, constant suggestive remarks and on-going sexual harassment such as that testified to by Cornatzer, without being afforded remedial recourse through our legal system. Such conduct, if found by a jury to have actually existed, is beyond the 'bounds usually tolerated by decent society' and would permit Cornatzer to recover, at least as against Pfeiffer." (Hogan v. Forsyth Country Club Co., 79 N.C. App. 483 (1986))

The defendant in Hogan was the employer, the country club. The court held that a jury could find the club liable for that conduct if it ratified the employee's acts, and it recognized "a claim against an employer for negligence in employing or retaining an employee whose wrongful conduct injures another." It held that the negligent-retention claim was not barred by the Workers' Compensation Act: "Sexual harassment is not a risk to which an employee is exposed because of the nature of the employment but is a risk to which the employee could be equally exposed outside the employment," so the claim was "neither covered nor barred by the Act." The Supreme Court of North Carolina denied discretionary review, 317 N.C. 334 (1986).

Retaliation for complaining

North Carolina's Retaliatory Employment Discrimination Act (REDA) protects an employee who in good faith files a claim or complaint, starts an inquiry or testifies "with respect to" the laws listed in G.S. 95-241(a), such as Chapter 97 of the General Statutes and G.S. 95-28.1. REDA's list in G.S. 95-241(a) does not include Title VII, the Equal Employment Practices Act or any general harassment law, so a harassment complaint is protected by REDA only if it is also a complaint under one of the listed laws, such as the Occupational Safety and Health Act of North Carolina (Article 16 of Chapter 95) or G.S. 95-28.1A on genetic information. For the activities it does cover, a REDA complaint goes to the Commissioner of Labor within 180 days of the alleged violation (G.S. 95-242(a)), and a civil action must be commenced within 90 days of the date the right-to-sue letter was issued (G.S. 95-243(b)).

Federal retaliation rules are on the workplace harassment laws hub. A firing after a complaint, and how it fits with North Carolina's default employment rule, is covered on the North Carolina at-will employment and North Carolina wrongful termination pages.

Deadlines and where to file

• Private-sector harassment charges: the EEOC. North Carolina law sets no state charge deadline for private-sector harassment, because no state statute creates such a charge. The federal deadline is 180 calendar days, extended to 300 where a state or local agency enforces a law prohibiting discrimination on the same basis, counted from the last incident of harassment. The EEOC offices that take North Carolina charges state that an individual in North Carolina has 300 days from the date of alleged harm to file a charge against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion or disability.
• Disability discrimination under Chapter 168A: a civil action within 180 days after the person became aware, or with reasonable diligence should have become aware, of the practice (G.S. 168A-12).
• State employees: the agency grievance procedure and the Office of State Human Resources review, then a contested case at the Office of Administrative Hearings within 30 days of receipt of the final agency decision (G.S. 126-34.02(a)).

Right-to-sue steps, the full charge procedure and remedies are covered on the North Carolina wrongful termination page. The North Carolina employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Workplace no-contact orders

North Carolina's workplace violence prevention article gives employers a civil route against a person who harasses or threatens employees at work. It defines an employer as "Any person or entity that employs one or more employees," including "the State of North Carolina and its political subdivisions" (G.S. 95-260(2)). Unlawful conduct includes:

"b. Willfully, and on more than one occasion, following, being in the presence of, or otherwise harassing, as defined in G.S. 14-277.3A, without legal purpose and with the intent to place the employee or employer in reasonable fear for the employee's or employer's safety." (N.C. Gen. Stat. 95-260(3)b)

The action is the employer's to bring: "An action for a civil no-contact order may be filed as a civil action in district court by an employer on behalf of an employee or by an employer who has suffered unlawful conduct from any individual or individuals that can reasonably be construed to be carried out, or to have been carried out, at the place of employment" (G.S. 95-261).

The harassment definition it borrows is the criminal stalking statute's, not a hostile-work-environment test. G.S. 14-277.3A(b)(2) defines harassment as knowing conduct, including written and electronic communications, "directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose."

Unemployment benefits and hostile-environment conduct

North Carolina's unemployment-insurance misconduct rules name hostile-environment conduct by the person who engages in it. G.S. 96-14.6(c)(7) lists "Inappropriate comments or behavior toward supervisors, subordinates, coworkers, vendors, customers, or to the general public relating to any federally protected characteristic that creates a hostile work environment." That provision concerns benefits for an employee discharged for misconduct; it is not a remedy for the employee who was targeted.

Training and written policies

Article 49A and the workplace violence prevention article (G.S. 95-260 to 95-264) contain no requirement that a private employer provide harassment training, adopt a written anti-harassment policy or post a harassment notice.

NDAs, confidentiality and arbitration

Article 49A and REDA contain no provision limiting nondisclosure, confidentiality or arbitration terms in harassment agreements or settlements. Federal law adds limits for sexual harassment disputes: the Speak Out Act makes nondisclosure and nondisparagement clauses agreed to before a sexual harassment dispute arises judicially unenforceable where the conduct is alleged to violate federal, tribal or state law, and the Ending Forced Arbitration Act lets the person alleging sexual harassment elect court over a predispute arbitration agreement; both are explained on the workplace harassment laws hub.

Is workplace bullying illegal in North Carolina?

None of the statutes covered on this page reaches general workplace bullying that is not tied to a protected trait. The Equal Employment Practices Act and Chapter 168A address discrimination on the traits they list. The workplace no-contact order reaches only conduct that meets the stalking-type definition above, including intent to place the employee in reasonable fear for safety, and only an employer can file for it.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including a conversation with a harasser, are on the North Carolina workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the North Carolina employee monitoring laws page.

Recent changes

• 2025: S.L. 2025-71 (Senate Bill 311) amended the workplace violence prevention article to cover mass picketing, applying to acts or omissions on or after the date it became law. The article's stalking-type harassment clause in G.S. 95-260(3)b continues to apply.
• 2026: S.L. 2026-13 (House Bill 258), ratified June 17, 2026, revised REDA's complaint procedure, including how a complaint is filed (online form, mail or email under G.S. 95-242(a)). It did not add Title VII, the Equal Employment Practices Act or a general harassment law to the laws REDA lists.

Related pages

• Workplace harassment laws by state
• North Carolina wrongful termination
• North Carolina at-will employment laws
• North Carolina employee monitoring laws
• North Carolina workplace recording laws

This article provides general legal information about North Carolina workplace harassment law, including N.C. Gen. Stat. 143-422.2, Chapter 168A, 126-34.02, 95-241 and 95-260, as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in North Carolina, the EEOC, or, for State employees, the Office of Administrative Hearings' Civil Rights Division.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in North Carolina?

North Carolina has no state statute that gives a private-sector employee a harassment claim on traits such as sex, race or religion. The Equal Employment Practices Act (G.S. 143-422.2) only declares a public policy against discrimination by employers of 15 or more, so private-sector harassment claims generally run under federal law such as Title VII.

Does North Carolina have a state agency for workplace harassment complaints?

Not for most private-sector employees. The Human Relations Commission in the Office of Administrative Hearings may receive charges referred by the EEOC and conciliate them (G.S. 143-422.3), and the Office's Civil Rights Division investigates charges from State employees and applicants in positions covered by Chapter 126, which OAH says includes county social services, mental health, public health and civil preparedness employees.

How long do you have to file a harassment charge in North Carolina?

A private-sector charge goes to the EEOC, whose deadline is 180 calendar days, extended to 300 where a state or local agency enforces a law on the same basis, counted from the last incident of harassment. The EEOC offices that take North Carolina charges state that an individual in North Carolina has 300 days from the date of alleged harm to file a charge against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion or disability. A Chapter 168A disability action must be commenced within 180 days, and a State employee's contested case within 30 days of receipt of the final agency decision.

Can State employees in North Carolina file a harassment claim?

Yes. G.S. 126-34.02(b)(1) lets an applicant, State employee or former State employee allege discrimination or harassment based on race, religion, color, national origin, sex, age, disability, genetic information or political affiliation, with a contested case at the Office of Administrative Hearings after the agency grievance procedure and the Office of State Human Resources review.

Can a coworker be sued personally for sexual harassment in North Carolina?

No North Carolina statute creates that claim, but tort law can apply. In Hogan v. Forsyth Country Club Co. (N.C. Ct. App. 1986), the court said repeated non-consensual touching and suggestive remarks, if found by a jury, would permit the employee to recover for intentional infliction of emotional distress at least as against the employee who engaged in it. The same decision allowed the employee's claims against the employer to go to trial, on ratification and on negligent retention of the employee after the employer knew of his conduct.

Does North Carolina require sexual harassment training?

The Equal Employment Practices Act and the workplace violence prevention article contain no harassment-training or written-policy requirement for private employers.

Is it illegal to retaliate for a harassment complaint under North Carolina's REDA?

REDA (G.S. 95-241) protects complaints only under the laws it lists. The list does not include Title VII, the Equal Employment Practices Act or any general harassment law, so a harassment complaint is protected only if it is also a complaint under a listed law, such as the Occupational Safety and Health Act of North Carolina or G.S. 95-28.1A on genetic information. Federal retaliation rules are covered on the workplace harassment laws hub.

Can an employer get a no-contact order against someone harassing an employee at work?

Yes. Under G.S. 95-261, an employer may file a civil action in district court for a civil no-contact order on behalf of an employee, for willful repeated following or harassing with intent to place the employee in reasonable fear for safety, among other unlawful conduct defined in G.S. 95-260.