§ 168A-11. Civil action. - North Carolina Statutes

§ 168A‑11.  Civilaction.

(a)        A person with a disability aggrieved by a discriminatorypractice prohibited by G.S. 168A‑5 through 168A‑8, or a personaggrieved by conduct prohibited by G.S. 168A‑10, may bring a civil actionto enforce rights granted or protected by this Chapter against any persondescribed in G.S. 168A‑5 through 168A‑8 or in G.S. 168A‑10who is alleged to have committed such practices or engaged in such conduct. Theaction shall be commenced in superior court in the county where the allegeddiscriminatory practice or prohibited conduct occurred or where the plaintiffor defendant resides. Such action shall be tried to the court without a jury.

(b)        Any relief granted by the court shall be limited todeclaratory and injunctive relief, including orders to hire or reinstate anaggrieved person or admit such person to a labor organization. In a civilaction brought to enforce provisions of this Chapter relating to employment,the court may award back pay. Any such back pay liability shall not accrue froma date more than two years prior to the filing of an action under this Chapter.Interim earnings or amounts earnable with reasonable diligence by the aggrievedperson shall operate to reduce the back pay otherwise allowable.

(c)        No court shall have jurisdiction over an action filed underthis Chapter where the plaintiff has commenced federal judicial oradministrative proceedings under Section 503 or Section 504 of the VocationalRehabilitation Act of 1973, 29 U.S.C. §§ 793 and 794, as amended, or federalregulations promulgated under those sections; or under the Americans withDisabilities Act of 1990, 42 U.S.C. § 12101, et seq., as amended, or federalregulations promulgated under that Act, involving or arising out of the factsand circumstances involved in the alleged discriminatory practice under thisChapter. If such proceedings are commenced after a civil action has beencommenced under this Chapter, the State court's jurisdiction over the civilaction shall end and the action shall be forthwith dismissed.

(d)        In any civil action brought under this Chapter, the court,in its discretion, may award reasonable attorney's fees to the substantiallyprevailing party as part of costs. (1985, c. 571, s. 1; 1999‑160, s. 1.)