North Carolina Civil Rights / Employment Discrimination Complaint

CIVIL RIGHTS / EMPLOYMENT DISCRIMINATION COMPLAINT — NORTH CAROLINA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion and Conditions Precedent
6. Factual Allegations
7. Count I — Title VII Discrimination (42 U.S.C. § 2000e-2)
8. Count II — Title VII Retaliation (42 U.S.C. § 2000e-3(a))
9. Count III — 42 U.S.C. § 1981 (Race / Ancestry)
10. Count IV — Wrongful Discharge in Violation of North Carolina Public Policy (Coman / Sides Tort)
11. Count V — North Carolina Persons with Disabilities Protection Act (N.C.G.S. § 168A-5)
12. Count VI — ADA / ADEA / FMLA (As Applicable)
13. Damages and Injunctive Relief
14. Prayer for Relief
15. Demand for Trial by Jury
16. Signature, Verification, and Certificate of Service
17. North Carolina Practice Notes
18. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[EASTERN / MIDDLE / WESTERN] DISTRICT OF NORTH CAROLINA

[___________________] DIVISION

Civil Action No. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

2.1. This is an action for employment discrimination, retaliation, and wrongful discharge in violation of public policy. Plaintiff brings claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.; 42 U.S.C. § 1981; the North Carolina common-law tort of wrongful discharge in violation of public policy as recognized in Coman v. Thomas Mfg. Co., 325 N.C. 172 (1989), and Sides v. Duke Univ., 74 N.C. App. 331 (1985); the North Carolina Persons with Disabilities Protection Act, N.C. Gen. Stat. § 168A-1 et seq. (where applicable); and [ADA / ADEA / FMLA, as applicable].

2.2. Plaintiff seeks declaratory and injunctive relief, back pay, front pay, compensatory damages, punitive damages where authorized by law, attorneys' fees, and costs.

3. PARTIES

3.1. Plaintiff [NAME] is an adult citizen and resident of [COUNTY] County, North Carolina, and at all relevant times was an "employee" within the meaning of 42 U.S.C. § 2000e(f), N.C. Gen. Stat. § 168A-3, and the common law of North Carolina.

3.2. Plaintiff is a member of the following protected class(es): [describe — e.g., African-American (race); female (sex); age 50+ (ADEA); individual with a disability under the ADA and PDPA — bilateral hearing loss; etc.].

3.3. Defendant [EMPLOYER NAME] is a [corporation / LLC / partnership] organized under the laws of [STATE], with its principal place of business at [ADDRESS], transacting business in [COUNTY] County, North Carolina, and at all relevant times was an "employer" within the meaning of 42 U.S.C. § 2000e(b) (15 or more employees), N.C. Gen. Stat. § 143-422.2, and N.C. Gen. Stat. § 168A-3(4).

3.4. [Optional individual defendants — supervisor, decision-maker — for § 1981, § 1983, and any aiding-and-abetting claims. Title VII does not impose individual supervisor liability; do not name individual defendants on the Title VII counts.]

4. JURISDICTION AND VENUE

4.1. Federal-question jurisdiction. This Court has subject-matter jurisdiction over the federal claims under 28 U.S.C. §§ 1331 and 1343, and pursuant to 42 U.S.C. §§ 2000e-5(f)(3) and 1981.

4.2. Supplemental jurisdiction. This Court has supplemental jurisdiction over Plaintiff's state-law claims under 28 U.S.C. § 1367(a) because they form part of the same case or controversy as the federal claims.

4.3. Personal jurisdiction. Defendant is subject to personal jurisdiction in this Court because it transacts business in North Carolina and the unlawful employment practices alleged occurred in this District. See N.C. Gen. Stat. § 1-75.4.

4.4. Venue. Venue is proper in this District under 42 U.S.C. § 2000e-5(f)(3) and 28 U.S.C. § 1391(b) because the unlawful employment practices were committed, and the relevant employment records are maintained, in this District.

4.5. Amount in controversy (state-court alternative). Should the action be filed or refiled in NC Superior Court, the amount in controversy exceeds $25,000.00, vesting jurisdiction in the Superior Court Division pursuant to N.C. Gen. Stat. § 7A-243.

5. ADMINISTRATIVE EXHAUSTION AND CONDITIONS PRECEDENT

5.1. On [DATE], Plaintiff filed a timely Charge of Discrimination, Charge No. [####-####], with the U.S. Equal Employment Opportunity Commission, Charlotte District Office, 129 West Trade Street, 4th Floor, Charlotte, NC 28202, alleging discrimination on the basis of [BASIS] and retaliation.

5.2. The Charge was filed within 180 days of the unlawful employment practices. North Carolina is a non-deferral state for purposes of 42 U.S.C. § 2000e-5(e)(1) — there is no general state Fair Employment Practices Agency for private-sector employers — and the 300-day extension is therefore inapplicable.

5.3. On [DATE], the EEOC issued Plaintiff a Notice of Right to Sue. A true and correct copy is attached as Exhibit A. This Complaint is filed within ninety (90) days of Plaintiff's receipt of that Notice.

5.4. Plaintiff has satisfied all conditions precedent to suit. Claims under 42 U.S.C. § 1981, the Coman wrongful-discharge tort, and the North Carolina Persons with Disabilities Protection Act do not require administrative exhaustion.

6. FACTUAL ALLEGATIONS

6.1. Plaintiff was hired by Defendant on or about [DATE] as a [POSITION] at Defendant's [LOCATION] facility. At all relevant times Plaintiff performed Plaintiff's job duties competently and met or exceeded Defendant's legitimate expectations.

6.2. [Describe protected status — race, sex, religion, national origin, age, disability — and how Defendant was on notice.]

6.3. [Describe adverse actions chronologically: harassment, denied promotion, discipline, demotion, termination — with dates, decision-makers, comparators, and direct evidence (e.g., explicit comments, emails) where available.]

6.4. [Describe protected activity for retaliation count — internal complaint to HR, EEOC charge, ADA accommodation request, FMLA leave — and the temporal proximity to the adverse action.]

6.5. [Describe Defendant's stated reason for the adverse action and facts establishing pretext: shifting explanations, inconsistent application of policy, comparator treatment, deviation from progressive-discipline practice, etc.]

6.6. Defendant's conduct caused Plaintiff economic loss (lost wages, lost benefits, lost earning capacity), severe emotional distress, humiliation, and damage to professional reputation.

7. COUNT I — TITLE VII DISCRIMINATION (42 U.S.C. § 2000e-2)

7.1. Plaintiff realleges paragraphs 1.1 through 6.6.

7.2. Defendant is an "employer" within the meaning of 42 U.S.C. § 2000e(b).

7.3. Plaintiff is a member of a protected class under Title VII ([race / color / religion / sex / national origin]).

7.4. Defendant subjected Plaintiff to adverse employment actions — including [harassment / failure to promote / demotion / discharge] — because of Plaintiff's protected characteristic, in violation of 42 U.S.C. § 2000e-2(a).

7.5. Defendant's actions were intentional, willful, and undertaken with malice or reckless indifference to Plaintiff's federally protected rights, entitling Plaintiff to compensatory and punitive damages under 42 U.S.C. § 1981a, subject to the statutory cap.

8. COUNT II — TITLE VII RETALIATION (42 U.S.C. § 2000e-3(a))

8.1. Plaintiff realleges paragraphs 1.1 through 7.5.

8.2. Plaintiff engaged in protected activity by [opposing discrimination internally / filing an EEOC charge / participating in an investigation].

8.3. Defendant took materially adverse action against Plaintiff that would dissuade a reasonable employee from making or supporting a charge of discrimination, in violation of 42 U.S.C. § 2000e-3(a).

8.4. There is a causal connection between Plaintiff's protected activity and the adverse action, evidenced by [temporal proximity / direct evidence / shifting reasons].

9. COUNT III — 42 U.S.C. § 1981 (Race / Ancestry)

9.1. Plaintiff realleges paragraphs 1.1 through 8.4.

9.2. Plaintiff is a member of a racial minority and had a contractual employment relationship with Defendant within the meaning of 42 U.S.C. § 1981.

9.3. Defendant intentionally interfered with the making, performance, modification, and termination of that employment contract because of Plaintiff's race.

9.4. Plaintiff seeks compensatory damages, punitive damages (uncapped under § 1981), back pay, front pay, and attorneys' fees under 42 U.S.C. § 1988.

10. COUNT IV — WRONGFUL DISCHARGE IN VIOLATION OF NORTH CAROLINA PUBLIC POLICY (Coman / Sides Tort)

10.1. Plaintiff realleges paragraphs 1.1 through 9.4.

10.2. North Carolina recognizes a common-law tort claim for discharge of an at-will employee in violation of express public policy. Coman v. Thomas Mfg. Co., 325 N.C. 172, 381 S.E.2d 445 (1989); Sides v. Duke Univ., 74 N.C. App. 331 (1985).

10.3. The North Carolina Equal Employment Practices Act, N.C. Gen. Stat. § 143-422.2, expressly declares it "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."

10.4. Defendant terminated (or constructively discharged) Plaintiff because of Plaintiff's [race / sex / religion / national origin / age / handicap], in direct contravention of the public policy declared in N.C. Gen. Stat. § 143-422.2.

10.5. Defendant's discharge of Plaintiff for a reason that contravenes the public policy of North Carolina constitutes the tort of wrongful discharge.

10.6. Plaintiff seeks compensatory damages, punitive damages under N.C. Gen. Stat. § 1D-15 where Defendant's conduct was willful and wanton, attorneys' fees where authorized, and costs.

11. COUNT V — NORTH CAROLINA PERSONS WITH DISABILITIES PROTECTION ACT (N.C.G.S. § 168A-5)

11.1. Plaintiff realleges paragraphs 1.1 through 10.6.

11.2. Plaintiff is a "person with a disability" within the meaning of N.C. Gen. Stat. § 168A-3(7a) because Plaintiff [has a physical or mental impairment which substantially limits one or more major life activities / has a record of such an impairment / is regarded as having such an impairment].

11.3. Defendant is an "employer" within the meaning of N.C. Gen. Stat. § 168A-3(4) because it regularly employs 15 or more employees.

11.4. Plaintiff is a "qualified person with a disability" under N.C. Gen. Stat. § 168A-3(11) and could perform the essential functions of the position with or without reasonable accommodation.

11.5. Defendant discriminated against Plaintiff on the basis of disability — including by [refusing reasonable accommodation / discharging / denying promotion] — in violation of N.C. Gen. Stat. § 168A-5.

11.6. This action is brought within 180 days of the prohibited conduct as required by N.C. Gen. Stat. § 168A-11(c).

11.7. Plaintiff has not filed, and will not file, a civil action under the federal Americans with Disabilities Act based on the same conduct, and is not barred by the election-of-remedies provision of N.C. Gen. Stat. § 168A-11(c).

11.8. Plaintiff seeks equitable relief, back pay (limited to 2 years before filing per § 168A-11), reinstatement, and reasonable attorneys' fees as authorized.

12. COUNT VI — ADA / ADEA / FMLA (As Applicable)

12.1. Plaintiff realleges paragraphs 1.1 through 11.8.

12.2. Plaintiff is a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12111(8) and was able to perform the essential functions of the position with or without reasonable accommodation.

12.3. Defendant [denied a reasonable accommodation / terminated / failed to engage in the interactive process] in violation of 42 U.S.C. § 12112(a)–(b).

12.4. Plaintiff seeks the full range of remedies available under 42 U.S.C. § 12117 and § 1981a.

13. DAMAGES AND INJUNCTIVE RELIEF

13.1. Economic damages. Lost back pay and benefits to date in an amount to be proven at trial; lost front pay and future benefits; lost earning capacity.

13.2. Compensatory damages. Emotional distress, mental anguish, humiliation, loss of enjoyment of life, and damage to professional reputation.

13.3. Punitive damages. Pursuant to 42 U.S.C. § 1981a (Title VII / ADA, subject to statutory cap), 42 U.S.C. § 1981 (uncapped), and N.C. Gen. Stat. § 1D-15 (Coman tort, subject to § 1D-25 cap).

13.4. Equitable relief. Reinstatement to Plaintiff's former position with full seniority and benefits, or front pay in lieu of reinstatement; expungement of adverse personnel records; injunctive relief barring further discrimination and retaliation.

13.5. Attorneys' fees and costs. Under 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, N.C. Gen. Stat. § 168A-11(b), and any other applicable fee-shifting authority.

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

• A. Enter judgment in Plaintiff's favor on all Counts;
• B. Award back pay, front pay, and lost benefits;
• C. Award compensatory damages in an amount to be determined at trial;
• D. Award punitive damages where authorized by law;
• E. Order reinstatement or, in lieu thereof, front pay;
• F. Issue declaratory and injunctive relief barring further discrimination and retaliation;
• G. Award attorneys' fees, expert fees, and costs under all applicable fee-shifting provisions;
• H. Award pre-judgment and post-judgment interest;
• I. Grant such other and further relief as the Court deems just and proper.

15. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all claims and issues so triable as a matter of right under Fed. R. Civ. P. 38 (or N.C. R. Civ. P. 38 if filed in state court).

16. SIGNATURE, VERIFICATION, AND CERTIFICATE OF SERVICE

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], N.C. State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

Verification (state court only)

STATE OF NORTH CAROLINA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

Certificate of Service

I hereby certify that on this the [____] day of [_______________], 20[____], I served the foregoing COMPLAINT upon Defendant(s) [by Sheriff / certified mail, return receipt requested / designated delivery service / electronic filing through CM/ECF], addressed as follows:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

17. NORTH CAROLINA PRACTICE NOTES

• No private right of action under the EEPA. N.C. Gen. Stat. § 143-422.2 articulates state public policy against employment discrimination but does NOT create an independent civil cause of action. Smith v. First Union Nat'l Bank, 202 F.3d 234, 247 (4th Cir. 2000); McLean v. Patten Cmtys., Inc., 332 F.3d 714 (4th Cir. 2003). North Carolina courts and the Fourth Circuit consistently reject standalone EEPA claims. Use § 143-422.2 ONLY as the public-policy predicate for a Coman wrongful-discharge tort.

• Coman wrongful-discharge tort. Coman v. Thomas Mfg. Co., 325 N.C. 172 (1989), recognized a common-law tort for at-will discharge that contravenes express public policy. The tort requires an actual or constructive discharge — harassment without termination is insufficient. The 3-year limitations period of N.C. Gen. Stat. § 1-52(5) applies. Punitive damages are available where conduct is willful and wanton, subject to N.C. Gen. Stat. § 1D-25.

• PDPA — only state statute with a private right. The Persons with Disabilities Protection Act, N.C. Gen. Stat. Chapter 168A, is the only NC statute creating a private right of action for employment discrimination. Its 180-day limitations period (§ 168A-11(c)) and election-of-remedies bar (no parallel ADA action) are easy to miss. The action is tried BENCH, not jury. Back-pay accrual is capped at 2 years before filing.

• Non-deferral state. EEOC charges by private-sector employees in NC have a 180-day deadline. North Carolina has no general state Fair Employment Practices Agency for private employers. The Civil Rights Division of the NC Office of Administrative Hearings handles state-employee claims and has a worksharing agreement with EEOC, but that agreement does not generally extend the private-sector charge-filing window.

• REDA. The NC Retaliatory Employment Discrimination Act, N.C. Gen. Stat. § 95-240 et seq., provides a discrete retaliation claim for protected activity (workers' comp claims, OSHA complaints, wage-and-hour complaints, sickle-cell testing, etc.). Requires a Right to Sue from the NC Department of Labor (§ 95-242). Treble damages available for willful violations.

• Contributory negligence inapplicable here. Although NC retains pure contributory negligence in tort actions, that doctrine does NOT apply to statutory employment-discrimination claims or to the Coman tort.

• Forum. Federal court is generally preferred for combined Title VII / § 1981 / Coman cases (jury trial, supplemental jurisdiction, broader discovery, no jury bar on the PDPA count if the PDPA is omitted). State Superior Court is a viable alternative for stand-alone Coman claims.

18. SOURCES AND REFERENCES

• N.C. Gen. Stat. § 143-422.2 — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_143/GS_143-422.2.html
• N.C. Gen. Stat. Chapter 168A (Persons with Disabilities Protection Act) — https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter168A
• N.C. Gen. Stat. § 95-240 et seq. (REDA)
• N.C. Gen. Stat. § 1-52 (3-year limitations period) — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_1/GS_1-52.pdf
• Coman v. Thomas Mfg. Co., 325 N.C. 172, 381 S.E.2d 445 (1989) — https://law.justia.com/cases/north-carolina/supreme-court/1989/491a88-0.html
• Sides v. Duke Univ., 74 N.C. App. 331 (1985)
• Smith v. First Union Nat'l Bank, 202 F.3d 234 (4th Cir. 2000) — https://caselaw.findlaw.com/court/us-4th-circuit/1153657.html
• Amos v. Oakdale Knitting Co., 331 N.C. 348 (1992)
• EEOC Charlotte District Office — https://www.eeoc.gov/field/charlotte/index.cfm
• EEOC Time Limits — https://www.eeoc.gov/time-limits-filing-charge
• NC OAH Civil Rights Division — https://www.oah.nc.gov/civil-rights-division
• 42 U.S.C. § 2000e et seq. (Title VII); 42 U.S.C. § 1981; 42 U.S.C. § 12101 et seq. (ADA)
• North Carolina Pattern Jury Instructions — Civil

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. North Carolina lacks a general state employment-discrimination statute with a private right of action; § 143-422.2 functions only as a public-policy predicate. An attorney licensed in North Carolina must review and customize this document before filing. Laws and citations change frequently; verify all authorities before use.