Employee sues under NCEEP? Ask court to throw it out — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Employee sues under NCEEP? Ask court to throw it out

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in Discrimination and Harassment,Human Resources

When the North Carolina Legislature saw fit to enact the North Carolina Equal Employment Practices Act (NCEEPA), it didn’t go the extra step and authorize individual employee lawsuits to enforce those rights.

Instead, the law is just a declaration that discrimination prohibited by federal law also violates public policy. Employees cannot sue employers separately under NCEEPA.

Recent case: Louis Billips sued his former employer, NC Benco Steel, for race and other discrimination under Title VII and other federal laws. He added the NCEEPA to the lawsuit, too.

Benco asked the court to toss the NCEEPA claims, and the court agreed. It said the Legislature didn’t intend for employees to have a separate ground for litigation, but merely wanted to support the federal anti-discrimination laws. (Billips v. N.C. Benco Steel, No. 5:10-CV-95, WD NC, 2011)

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