In North Carolina, a private employer is free to avoid or end relationships with applicants and employees whose conduct, regardless of where or when it occurred, is objectionable to the employer, however, the rule has many exceptions and governmental employers must consider rights prescribed by the U.S. Constitution in ways that private employers don’t. Some of the most important exceptions that protect applicants and employees from unlawful treatment based on what they have done or said outside of work under federal law include Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, Uninformed Services Employment and Reemployment Rights Acts of 1994, Immigration Reform and Control Act of 1986, National Labor Relations Act of 1935, U.S. Bankruptcy Code, 11 U.S.C. 525, “Protection against discriminatory treatment,” and Title III of Consumer Credit Protection Act (CCPA). Private employer exceptions under North Carolina law include the Retaliatory Employment Discrimination Act and N.C. General Statutes 95-28.2, 95-28.1A, 9-32, 95-196, 127A-202.1 and common law claim for “wrongful discharge in violation of public policy.” Employers should aim to be consistent, document the decisions carefully and promptly, and implement and act in accordance with a clear, reasonable, and lawful personnel policy that addresses non-workplace conduct.
