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Disabilities and genetic information — North Carolina

A number of federal and state laws prohibit disabilities discrimination in the workplace in North Carolina:  Americans with Disabilities Act (ADA), Rehabilitation Act (Rehabilitation Act), Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), North Carolina Persons with Disabilities Protection Act (NCPDPA) and North Carolina Communicable Disease Act (NCCDA). These laws are briefly described in Equal employment opportunities

The Rehabilitation Act and disability-related provisions of VEVRAA generally apply the law as it has developed under the ADA. The ADA supersedes the NCPDPA to the extent that the ADA is more favorable to the individual. Similarly, to the extent that the NCPDPA has provisions that are more favorable to the individual (which it does not), the NCPDPA law would apply. For these reasons, the ADA is the disability law that primarily governs employer obligations in North Carolina. The following is an overview of key ADA employer obligations.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities in employment, including:

  • outright intentional exclusion
  • discriminatory effects of architectural, transportation and communication barriers
  • overprotective rules and policies