David G. Schiller represents North Carolina employees in a wide range of employment law cases — including The Retaliatory Employment Discrimination Act (“REDA”).
Most REDA cases are filed by employees who have been fired for filing Workers’ Compensation claims. However, REDA prohibits employers from discriminating or retaliating against employees who exercise their right under a number of North Carolina law.
The Retaliatory Employment Discrimination Act
§ 95-241. Discrimination prohibited
(a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any of the following:
(1) File a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to any of the following:
a. Chapter 97 of the General Statutes (Workers’ Compensation)
b. Article 2A or Article 16 of this Chapter (Wage and Hour Act)
c. Article 2A of Chapter 74 of the General Statutes. (Mine Safety and Health Act)
d. G.S. 95-28.1. (sickle cell trait or hemoglobin C)
e. Article 16 of Chapter 127A of the General Statutes. (National Guard Reemployment rights)
f. G.S. 95-28.1A. (genetic testing or genetic information)
g. Article 52 of Chapter 143 of the General Statutes. (pesticide board)
h. Article 5F of Chapter 90 of the General Statutes. (Control of Potential Drug Paraphernalia Products)
(2) Cause any of the activities listed in subdivision (1) of this subsection to be initiated on an employee’s behalf.
(3) Exercise any right on behalf of the employee or any other employee afforded by Article 2A or Article 16 of this Chapter (Wage and Hour Act), by Article 2A of Chapter 74 of the General Statutes (Mine Safety and Health Act), or by Article 52 of Chapter 143 of the General Statutes (Pesticide Board).
(4) Comply with the provisions of Article 27 of Chapter 7B of the General Statutes. (Authority over Parents of Juveniles Adjudicated Delinquent or Undisciplined)
(5) Exercise rights under Chapter 50B. (Domestic Violence) Actions brought under this subdivision shall be in accordance with the provisions of G.S. 50B-5.5.
Filing a Retaliatory Employment Discrimination Act Case
It is important to bear in mind that a Charge of Discrimination must be timely filed with the North Carolina Department of Labor before filing a REDA case. If a Charge is not timely filed, the employee will lose the right to bring a REDA case.
Contact Us • Statewide Representation
You are welcome to contact us regarding your employment law issue.
Please complete our employment law contact form so that we can assist you with your employment issue.
If you have any employment issue with an agency of the State of North Carolina (e.g. Department of Transportation)., please use the State employee contact form.