North Carolina EEOC Charge of Discrimination (with NC Filing Notes)

CHARGE OF DISCRIMINATION — EEOC (NORTH CAROLINA FILING)

TABLE OF CONTENTS

1. Cover Letter to EEOC Charlotte District Office
2. Charge of Discrimination — EEOC Form 5 Format
3. Detailed Particulars (Narrative Statement)
4. Damages and Relief Sought
5. Verification and Signature
6. Document and Witness Preservation Demand
7. Companion NC Filings (Where Applicable)
8. North Carolina Practice Notes
9. Sources and References

1. COVER LETTER TO EEOC CHARLOTTE DISTRICT OFFICE

Date: [DATE]

U.S. Equal Employment Opportunity Commission
Charlotte District Office
129 West Trade Street, 4th Floor
Charlotte, North Carolina 28202

Re: Charge of Discrimination — [CHARGING PARTY NAME] v. [RESPONDENT EMPLOYER]

To Whom It May Concern:

Enclosed please find the above-referenced Charge of Discrimination filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. [and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; the Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff et seq.; the Equal Pay Act, 29 U.S.C. § 206(d) — as applicable].

This Charge is timely filed within 180 days of the most recent unlawful employment practice. North Carolina is a non-deferral state for purposes of 42 U.S.C. § 2000e-5(e)(1).

[If applicable] Please dual-file this Charge with the North Carolina Office of Administrative Hearings, Civil Rights Division, pursuant to the EEOC/NC OAH worksharing agreement.

[If applicable] This Charge concerns a state employer; please coordinate retention with NC OAH-CRD.

The undersigned requests:

• ☐ A copy of the Respondent's position statement upon receipt;
• ☐ Reasonable accommodation in any in-person intake (specify): [________________________________];
• ☐ A telephone or virtual intake interview (specify availability): [________________________________];
• ☐ Issuance of a Notice of Right to Sue at the earliest permissible date under 29 C.F.R. § 1601.28.

Respectfully submitted,

[________________________________]

[CHARGING PARTY / COUNSEL NAME]

[ADDRESS / TELEPHONE / EMAIL]

2. CHARGE OF DISCRIMINATION — EEOC FORM 5 FORMAT

Charging Party

Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated Against Me

Discrimination Based On (Check Appropriate Box(es))

• ☐ Race
• ☐ Color
• ☐ Sex (including pregnancy, sexual orientation, gender identity)
• ☐ Religion
• ☐ National Origin
• ☐ Age
• ☐ Disability
• ☐ Genetic Information
• ☐ Retaliation
• ☐ Other (specify): [________________________________]

Date(s) Discrimination Took Place

The Particulars Are

(See attached Detailed Particulars in Section 3 below.)

3. DETAILED PARTICULARS (NARRATIVE STATEMENT)

I. Personal

3.1. I, [CHARGING PARTY NAME], am [describe protected status — e.g., an African-American woman, age 52, with a disability under the ADA (bilateral hearing loss)]. At all times relevant to this Charge, I was an employee of Respondent within the meaning of 42 U.S.C. § 2000e(f).

3.2. I began employment with Respondent on or about [DATE] as a [POSITION]. My most recent position was [POSITION] at Respondent's [LOCATION] facility, where I reported to [SUPERVISOR NAME, TITLE].

3.3. Throughout my employment, I performed my duties competently and met or exceeded Respondent's legitimate performance expectations, as reflected in [performance reviews, awards, etc.].

II. Adverse Treatment

3.4. [Chronological narrative of adverse acts — discipline, denied promotion, harassment, demotion, termination — with dates, decision-makers, witnesses, and any direct evidence (statements, emails, texts).]

3.5. [Comparator evidence — describe similarly situated employees outside Plaintiff's protected class who were treated more favorably.]

3.6. [Direct evidence — quote any biased remarks verbatim, attributed to a decision-maker, with date and witnesses.]

III. Protected Activity (If Retaliation Is Alleged)

3.7. On or about [DATE], I engaged in protected activity by [opposing discrimination internally / filing an EEOC charge / requesting an ADA accommodation / supporting a coworker's complaint].

3.8. Within [NUMBER] days/weeks of my protected activity, Respondent [describe materially adverse action], in violation of 42 U.S.C. § 2000e-3(a) [and 42 U.S.C. § 12203 / 29 U.S.C. § 623(d) as applicable].

IV. Pretext

3.9. Respondent's stated reason for the adverse action was [stated reason]. That reason is pretextual because [describe shifting explanations, deviation from progressive discipline, comparator evidence, suspect timing, or admissions].

V. Causes of Action

3.10. The foregoing conduct constitutes unlawful employment discrimination on the basis of [basis] in violation of [Title VII / ADA / ADEA / GINA / EPA], and unlawful retaliation in violation of [42 U.S.C. § 2000e-3(a) / 42 U.S.C. § 12203 / 29 U.S.C. § 623(d)].

3.11. The most recent act of discrimination occurred on [DATE], which is within 180 days of the filing of this Charge.

4. DAMAGES AND RELIEF SOUGHT

I have suffered the following damages as a result of Respondent's unlawful conduct, and seek the following relief through the EEOC's investigative and conciliation process:

• A. Lost wages, salary, commissions, and benefits from [DATE] to the present, in an amount not less than [AMOUNT];
• B. Lost future earnings and earning capacity;
• C. Compensatory damages for emotional distress, humiliation, mental anguish, and damage to professional reputation;
• D. Reinstatement to my prior position with full seniority and benefits, or front pay in lieu of reinstatement;
• E. Expungement of all adverse personnel records related to the unlawful conduct;
• F. Adoption and enforcement of effective anti-discrimination and anti-retaliation policies, training, and monitoring;
• G. Punitive damages where authorized by law (Title VII / ADA / GINA — subject to 42 U.S.C. § 1981a cap);
• H. Attorneys' fees and costs;
• I. Pre-judgment and post-judgment interest;
• J. Such other and further relief as may be just and equitable.

5. VERIFICATION AND SIGNATURE

I want this Charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my Charge in accordance with their procedures.

I declare under penalty of perjury that the above is true and correct.

[________________________________]

[CHARGING PARTY SIGNATURE]

Date: [__/__/____]

Notary (if required by intake mode)

STATE OF NORTH CAROLINA

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

6. DOCUMENT AND WITNESS PRESERVATION DEMAND

To Respondent and its counsel:

You are hereby on notice of a duty to preserve all documents, communications, and electronically stored information that may be relevant to the claims set forth in this Charge, including but not limited to:

• All personnel files for the Charging Party and identified comparators;
• All emails, instant messages, Slack/Teams messages, and text messages among [decision-makers] referencing the Charging Party;
• Performance reviews, disciplinary records, and compensation records for the Charging Party and comparators;
• Internal complaints, EEOC charges, or lawsuits alleging similar discrimination from [DATE RANGE] to the present;
• Surveillance and access-control records covering the [time period and locations];
• Calendar entries, meeting notes, and HR investigation files;
• Backup tapes, cloud archives, and any auto-deletion logs.

Auto-deletion of any responsive material must be suspended immediately. Failure to preserve may give rise to spoliation sanctions and adverse-inference findings.

7. COMPANION NC FILINGS (WHERE APPLICABLE)

7.1. NC Persons with Disabilities Protection Act (PDPA)

For disability-discrimination claims, the PDPA private right of action under N.C. Gen. Stat. § 168A-11 may be pursued IN ADDITION to (or in lieu of) the federal ADA claim. NOTE the strict 180-day filing deadline for the civil action, the bench-trial requirement, and the election-of-remedies bar (filing a federal ADA suit forfeits the PDPA claim).

| ☐ | PDPA civil action will be filed in NC Superior Court, [COUNTY] County, within 180 days of the discriminatory act and BEFORE any federal ADA action. |

7.2. NC Retaliatory Employment Discrimination Act (REDA)

For retaliation arising from workers' compensation claims, OSHA complaints, wage-and-hour complaints, sickle-cell genetic testing, NG-related military activity, or domestic-violence leave (N.C. Gen. Stat. § 95-241), file separately with:

NC Department of Labor — Retaliatory Employment Discrimination Bureau
4 W. Edenton Street
Raleigh, NC 27601
Telephone: (919) 707-7860

The REDA complaint must be filed within 180 days, after which a Right to Sue may issue under N.C. Gen. Stat. § 95-242.

7.3. NC State-Employee Charges (NC OAH-CRD)

State employees (or applicants for state employment) covered by the State Personnel Act may file with:

NC Office of Administrative Hearings — Civil Rights Division
1711 New Hope Church Road
Raleigh, NC 27609
Telephone: (984) 236-1850

Charges are dual-filed with the EEOC under the worksharing agreement.

7.4. NC State Fair Housing Act (NC HRC)

For HOUSING discrimination only (not employment), file with:

North Carolina Human Relations Commission
116 W. Jones Street
Raleigh, NC 27603
Telephone: (919) 807-4420

Filing deadline: ONE YEAR from the discriminatory housing practice (N.C. Gen. Stat. § 41A-7). Dual-filed with HUD as a substantially-equivalent FEPA.

7.5. NC Office of the Commissioner of Banks / Insurance / Other

Sector-specific anti-discrimination provisions (e.g., credit, insurance underwriting) may have separate state agency complaint pathways. Identify and pursue separately.

8. NORTH CAROLINA PRACTICE NOTES

• No general state human rights commission. North Carolina is unusual in lacking a general state human rights commission with private-sector employment jurisdiction. This is a "non-deferral" state for Title VII purposes — the EEOC charge deadline is 180 DAYS, not 300. Practitioners new to NC routinely miscalendar this.

• EEOC Charlotte District Office covers all of North Carolina. Filing is most efficient through the EEOC Public Portal at https://publicportal.eeoc.gov. Paper and in-person filings remain available.

• EEPA has no private right. N.C. Gen. Stat. § 143-422.2 declares state public policy but does NOT support a freestanding agency charge or civil action. Smith v. First Union Nat'l Bank, 202 F.3d 234 (4th Cir. 2000). The statute is useful only as the public-policy predicate for a Coman wrongful-discharge tort filed in court (not in an agency).

• PDPA — only state employment-discrimination statute with a private right. N.C. Gen. Stat. Chapter 168A. Note (a) the 180-day limitations period under § 168A-11(c); (b) the bench-trial mandate; and (c) the election-of-remedies bar precluding parallel ADA suits. The PDPA does NOT require an agency charge — it is a direct civil action.

• REDA — separate path. N.C. Department of Labor, Retaliatory Employment Discrimination Bureau handles REDA charges. These are distinct from EEOC charges and have their own 180-day clock and Right to Sue mechanism.

• Housing discrimination — NC HRC has jurisdiction. The NC Human Relations Commission is HUD-substantially-equivalent for FHA enforcement and has 1-year filing deadline under N.C. Gen. Stat. § 41A-7.

• Worksharing agreement. The EEOC and NC OAH-CRD have a worksharing agreement principally servicing state-employee charges. Private-sector charges generally remain with EEOC.

• Right to Sue and 90-day clock. Once issued, the EEOC Right to Sue must be acted on within 90 days. Receipt is presumed three days after mailing absent contrary evidence. Calendar carefully.

• Continuing violation. Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) — hostile-work-environment claims can reach back beyond 180 days if at least one component act falls inside the window. Discrete acts (termination, denial of promotion) cannot.

9. SOURCES AND REFERENCES

• 42 U.S.C. § 2000e-5 (Title VII charge procedures)
• 29 C.F.R. Part 1601 (EEOC procedural regulations) — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1601
• EEOC Charlotte District Office — https://www.eeoc.gov/field/charlotte/index.cfm
• EEOC Time Limits — https://www.eeoc.gov/time-limits-filing-charge
• EEOC Filing a Charge — https://www.eeoc.gov/how-file-charge-employment-discrimination
• EEOC Public Portal — https://publicportal.eeoc.gov/
• EEOC FEPAs and Dual Filing — https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing
• EEOC / NC OAH FY 2013 Worksharing Agreement (model) — https://www.eeoc.gov/fy-2013-eeocfepa-model-worksharing-agreement-worksharing-agreement-between-north-carolina-office
• NC Office of Administrative Hearings — Civil Rights Division — https://www.oah.nc.gov/civil-rights-division
• NC OAH — About Employment Discrimination — https://www.oah.nc.gov/civil-rights-division/employment-discrimination/about-employment-discrimination
• North Carolina Human Relations Commission — https://ncdoa.gov/divisions/human-relations
• 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 — https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter168A
• N.C. Gen. Stat. Chapter 95, Article 21 (REDA)
• N.C. Gen. Stat. Chapter 41A (NC State Fair Housing Act)
• Smith v. First Union Nat'l Bank, 202 F.3d 234 (4th Cir. 2000) — https://caselaw.findlaw.com/court/us-4th-circuit/1153657.html
• Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Charge-filing deadlines under federal civil rights statutes are strict and jurisdictional; missing a deadline forfeits the claim. North Carolina-specific routing rules differ from most states because NC lacks a general state human rights commission for private-sector employment. An attorney licensed in North Carolina must review and customize this document before filing.