North Carolina Return to Office Mandate 2026

What is North Carolina’s return to office mandate?

North Carolina has not enacted a statewide return to office mandate for private sector employers. Private employers in North Carolina operate under the at-will employment doctrine and have discretion to establish their own return to office policies, subject to applicable anti-discrimination laws, disability accommodation requirements, and employment contracts.

The North Carolina Office of State Human Resources has established teleworking policies for state government employees, but these policies do not apply to private sector employers and do not mandate or restrict return to office decisions.

Source: North Carolina Department of Labor – Employment at Will
Available at: https://www.labor.nc.gov/workplace-rights/employee-rights-regarding-time-worked-and-wages-earned/employment-will

State Employee Policy: https://oshr.nc.gov/hr-governance/policies/teleworking-program-policy

Does North Carolina’s RTO policy apply to private employers?

No. North Carolina does not have a return to office policy or mandate that applies to private sector employers.

The teleworking policies established by the North Carolina Office of State Human Resources apply only to state government employees and certain other public sector employees. These policies do not regulate or guide private sector employers.

Private employers in North Carolina may establish their own return to office policies as they see fit, provided they comply with applicable employment laws including anti-discrimination statutes and disability accommodation requirements.

For State Employees: Teleworking decisions are at agency/university discretion under OSHR policy
For Private Employees: Employment at-will applies; employers set policies subject to legal limitations

Can my employer force me back to the office in North Carolina?

Generally, yes. Under North Carolina’s at-will employment doctrine, private employers have broad discretion to establish workplace policies, including requiring employees to work in the office.

According to the North Carolina Department of Labor:

“The term ’employment-at-will’ simply means that unless there is a specific law to protect employees or there is an employment contract providing otherwise, then an employer can treat its employees as it sees fit (including the assignment of demeaning tasks) and the employer can discharge an employee at the will of the employer for any reason or no reason at all.”

However, there are important exceptions:

Employment Contract: If you have an employment contract that specifies remote work or work location, the employer must comply with the contract terms.

Reasonable Accommodation: If you have a disability and remote work is a reasonable accommodation that would allow you to perform essential job functions, your employer may be required to provide it under the ADA and North Carolina Persons with Disabilities Protection Act (unless it causes undue hardship).

Collective Bargaining Agreement: If you are covered by a union contract that addresses work location or remote work, those terms apply.

Discrimination: Employer cannot selectively enforce return to office policies in a discriminatory manner based on protected characteristics (race, sex, religion, disability, age, etc.).

Source: North Carolina Department of Labor
Available at: https://www.labor.nc.gov/workplace-rights/employee-rights-regarding-time-worked-and-wages-earned/employment-will

What are my accommodation rights under North Carolina law?

If you have a disability, you have rights to reasonable accommodation under both federal law (Americans with Disabilities Act) and North Carolina law (Persons with Disabilities Protection Act).

Coverage:

• Federal ADA: Employers with 15 or more employees
• North Carolina law: Employers with 15 or more full-time employees

Your Rights:

You have the right to request reasonable accommodation for a known disability. According to North Carolina law, you must:

1. Inform your employer of your disabling condition
2. Inform your employer of special services or aids needed for accommodation
3. Provide medical verification when deemed medically necessary by employer

After receiving requested medical verification, your employer must make a good faith effort to accommodate your disability.

Reasonable accommodation may include:

• Modified work schedule
• Telework or remote work (if it enables you to perform essential job functions)
• Modified duties
• Assistive technology
• Workplace modifications
• Time off for medical appointments

Employer is NOT required to provide accommodation that:

• Causes more than minimum expenditure (under state law)
• Imposes undue hardship
• Removes essential functions of the job
• Significantly alters the job

Sources:

• N.C. Gen. Stat. § 168A-3 and § 168A-4
• Available at: https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter168A
• EEOC ADA Guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

How do I file a discrimination complaint in North Carolina?

The process depends on whether you are a private sector employee or a state government employee.

For Private Sector Employees:

File with the U.S. Equal Employment Opportunity Commission (EEOC):

Step 1: Access EEOC Public Portal at https://publicportal.eeoc.gov

Step 2: Schedule an intake interview (telephone, video, or in-person)

Step 3: Attend interview and provide information about discrimination

Step 4: If appropriate, EEOC accepts your charge for filing

Deadline: Generally 180 days from the date of discrimination

EEOC Offices in North Carolina:

Charlotte District Office: (980) 296-1250
129 West Trade Street, Suite 400, Charlotte, NC 28202

Raleigh Area Office: (984) 275-4800
434 Fayetteville Street, Suite 700, Raleigh, NC 27601

Greensboro Local Office: (336) 604-5180
2303 W. Meadowview Road, Suite 201, Greensboro, NC 27407

Main EEOC Number: 1-800-669-4000

For State Government Employees:

File with North Carolina Office of Administrative Hearings, Civil Rights Division:

Telephone: (919) 431-3000
Address: 6714 Mail Service Center, Raleigh, NC 27699-6714
Website: https://www.oah.nc.gov/civil-rights-division
Deadline: 180 days from discriminatory act

Note: State employee charges are dually filed with EEOC through worksharing agreement.

Can I request remote work as a reasonable accommodation?

Yes, you can request remote work as a reasonable accommodation if you have a disability.

According to EEOC guidance, remote work or telework may be a reasonable accommodation under the ADA if:

1. You have a disability as defined by the ADA
2. You are qualified to perform the essential functions of your job
3. Remote work would enable you to perform those essential functions
4. Remote work would not cause undue hardship to the employer

Important Considerations:

Not Automatic: Having a disability does not automatically entitle you to work remotely. Your employer must determine whether remote work is a reasonable accommodation that would be effective.

Essential Functions: You must be able to perform the essential functions of your job remotely. If in-person presence is an essential function, remote work may not be feasible.

Interactive Process: You and your employer should engage in an interactive process to identify whether remote work or another accommodation would be effective.

Employer’s Choice: If multiple effective accommodations exist, your employer can choose which one to provide. You do not have the right to your preferred accommodation.

Undue Hardship: Your employer is not required to provide remote work if it would cause significant difficulty or expense (undue hardship).

Medical Documentation: Your employer may require medical documentation supporting your need for accommodation.

EEOC Resource:
Work at Home/Telework as a Reasonable Accommodation
https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation

What is North Carolina’s Equal Employment Practices Act?

The North Carolina Equal Employment Practices Act is a state law that establishes public policy against employment discrimination.

According to N.C. Gen. Stat. § 143-422.2:

“It is 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.”

Coverage:

• Employers with 15 or more employees
• Protects against discrimination based on race, religion, color, national origin, age, sex, or handicap

Important Limitation: The Act does NOT provide a private right of action (you cannot sue directly under this statute). However, it establishes public policy that can support a common law wrongful discharge claim.

Enforcement: For state employees, the North Carolina Office of Administrative Hearings Civil Rights Division investigates charges. For private employees, federal EEOC jurisdiction typically applies.

Source: N.C. Gen. Stat. §§ 143-422.1 through 143-422.3
Available at: https://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_143/article_49a.html

Where do I file an EEOC complaint in North Carolina?

You can file an EEOC complaint at any of the three EEOC offices in North Carolina, or through the EEOC Public Portal online.

Online Filing (Recommended):
EEOC Public Portal: https://publicportal.eeoc.gov

• Schedule telephone interview
• Schedule video interview
• Schedule in-person interview

Charlotte District Office:
129 West Trade Street, Suite 400
Charlotte, NC 28202
Telephone: (980) 296-1250 or 1-800-669-4000
TTY: 1-800-669-6820

Office Hours:
Monday, Tuesday, Thursday: 8:30 AM – 3:00 PM
Friday: 8:30 AM – 12:00 PM

Raleigh Area Office:
434 Fayetteville Street, Suite 700
Raleigh, NC 27601
Telephone: (984) 275-4800

Greensboro Local Office:
2303 W. Meadowview Road, Suite 201
Greensboro, NC 27407
Telephone: (336) 604-5180

Process:

1. Contact EEOC through Public Portal or by phone
2. Schedule intake interview
3. Provide information about discrimination
4. EEOC determines if charge should be filed
5. Investigation begins if charge is accepted

Filing Deadline: Generally 180 days from the discriminatory act for private employers in North Carolina. Plan to contact EEOC well before this deadline.

What is at-will employment in North Carolina?

At-will employment means that either the employer or employee can end the employment relationship at any time, for any legal reason or no reason, without advance notice.

According to the North Carolina Department of Labor:

“The term ’employment-at-will’ simply means that unless there is a specific law to protect employees or there is an employment contract providing otherwise, then an employer can treat its employees as it sees fit (including the assignment of demeaning tasks) and the employer can discharge an employee at the will of the employer for any reason or no reason at all.”

What This Means:

• Employer can change job duties, pay, schedule, or work location
• Employer can terminate employment without cause
• Employee can quit without notice or reason
• No job security guarantee

Exceptions to At-Will Employment:

• Employment contracts (written agreements specifying terms)
• Discrimination based on protected characteristics (race, sex, religion, disability, age, etc.)
• Retaliation for protected activities (filing safety complaints, wage claims, etc.)
• Public policy violations
• Implied contract (rare, based on employer’s actions/promises)
• Collective bargaining agreements

Source: North Carolina Department of Labor – Employment at Will
Available at: https://www.labor.nc.gov/workplace-rights/employee-rights-regarding-time-worked-and-wages-earned/employment-will

What is the difference between state employee and private sector RTO requirements in North Carolina?

State Employees:

State government employees are subject to policies established by the North Carolina Office of State Human Resources (OSHR), including:

Teleworking Program Policy: Allows agencies to establish teleworking programs at their discretion
Eligibility: Determined by agency based on work suitability and agency benefit
Management Discretion: Agency has sole discretion to approve or deny teleworking
Written Agreement: Required before teleworking begins
Modification/Termination: Agency can modify or terminate agreement
Not a Right: Teleworking is a privilege, not an entitlement

Governing Law: N.C. Gen. Stat. Chapter 126 (State Personnel Act)
Policy Source: https://oshr.nc.gov/hr-governance/policies/teleworking-program-policy

Private Sector Employees:

Private sector employees are NOT covered by state teleworking policies. Instead:

At-Will Employment: Employer has broad discretion to set workplace policies
No State Mandate: No North Carolina law requires or prohibits return to office
Employer Discretion: Each employer sets own return to office policy
Legal Limits: Must comply with anti-discrimination laws and accommodation requirements
No Telework Right: No state law creates right to remote work (unless accommodation or contract)

Governing Law: At-will employment doctrine (common law), federal and state anti-discrimination statutes

Common to Both:

• Must comply with ADA and disability accommodation requirements
• Cannot discriminate based on protected characteristics
• Cannot retaliate for protected activities
• Subject to employment contracts (if any)

Can my employer retaliate against me for requesting an accommodation?

No. Retaliation for requesting a reasonable accommodation is prohibited under both federal and state law.

Federal Protection:

The Americans with Disabilities Act prohibits retaliation against individuals who:

• Request reasonable accommodation
• Oppose discrimination
• Participate in ADA-related proceedings
• Assert their ADA rights

According to EEOC:

“The ADA prohibits retaliation by an employer against an individual for opposing any act or practice made unlawful by the ADA or for making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the ADA.”

North Carolina Protection:

N.C. Gen. Stat. § 168A-10 states:

“It is a discriminatory practice for a person to discharge, expel, or otherwise discriminate against a person because the person has opposed a practice declared discriminatory by this Chapter, or because that person has made a charge, filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Chapter.”

What Constitutes Retaliation:

• Termination
• Demotion
• Pay reduction
• Negative performance review
• Denial of promotion
• Hostile work environment
• Any adverse employment action

What to Do: If you believe you’ve experienced retaliation:

1. Document the retaliation (dates, witnesses, details)
2. Report to HR if appropriate
3. File complaint with EEOC (for federal law)
4. File complaint with NC Department of Labor (if REDA applies)
5. Consult employment attorney

Filing Deadline: 180 days from retaliatory act (EEOC)

Sources:

• ADA § 503 (42 U.S.C. § 12203)
• N.C. Gen. Stat. § 168A-10
• EEOC: https://www.eeoc.gov/retaliation

What should I do if my accommodation request is denied?

If your request for reasonable accommodation is denied, take the following steps:

Step 1: Request Written Explanation

Ask your employer for a written explanation of why the accommodation was denied. The employer should explain:

• Why the requested accommodation is not reasonable
• Whether the accommodation would cause undue hardship
• What factors were considered

Step 2: Continue Interactive Process

Ask if there are alternative accommodations that could be provided. The ADA requires an interactive process, and there may be other effective accommodations.

According to EEOC guidance:

“When there is more than one effective accommodation, the preference of the individual with a disability should be given primary consideration. However, the employer providing the accommodation has the ultimate discretion to choose between effective accommodations.”

Step 3: Gather Information

Collect documentation including:

• Your accommodation request (date, method, details)
• Medical documentation supporting your need
• Employer’s denial (written if possible)
• Any correspondence about the request
• Names of people involved in the decision

Step 4: Internal Appeal (If Available)

Check if your employer has an internal appeal process for denied accommodations. Use it if available.

Step 5: File External Complaint

If the denial appears to violate the ADA or North Carolina law:

File with EEOC:
Public Portal: https://publicportal.eeoc.gov
Telephone: 1-800-669-4000
Deadline: 180 days from denial

Step 6: Consult Attorney

Consider consulting with an employment attorney, especially if:

• Denial appears discriminatory
• You’ve been terminated or threatened with termination
• Employer refuses to engage in interactive process
• Pattern of disability discrimination exists

Attorney Referral:
North Carolina Bar Association Lawyer Referral Service
Telephone: (919) 677-8574
Website: https://www.ncbar.org

Is there pending RTO legislation in North Carolina?

As of December 24, 2025, there is no pending legislation in the North Carolina General Assembly specifically addressing return to office mandates for private employers.

How to Monitor:

North Carolina General Assembly Bill Search:
Website: https://www.ncleg.gov
Search terms: “return to office”, “telework”, “remote work”, “work from home”
Current Session: 2025-2026

Governor’s Executive Orders:
Website: https://governor.nc.gov/news/executive-orders
Filter: Employment, Labor, Workforce

To Stay Informed:

• Monitor NC General Assembly website for new bills
• Subscribe to relevant legislative committees
• Check OSHR website for state employee policy updates
• Follow employment law news sources

Recent Legislative Activity:
Recent North Carolina legislative sessions have not focused on private sector return to office requirements. Legislative priorities have included disaster recovery (Hurricane Helene), education funding, and healthcare policy.

How does North Carolina regulate remote work?

North Carolina does not have specific regulations governing remote work for private sector employers. Remote work arrangements are governed by:

Employment Relationship:

• At-will employment (employers have discretion to permit or prohibit remote work)
• Employment contracts (if they specify remote work terms)
• Company policies (employer’s internal remote work policies)

Legal Protections:

• Anti-discrimination laws (cannot discriminate in remote work policies)
• ADA accommodation (remote work may be required as accommodation)
• Wage and hour laws (remote workers entitled to proper compensation)
• Workers’ compensation (may apply to remote work injuries)

State Employee Remote Work:

• OSHR Teleworking Program Policy (state employees only)
• Agency discretion to approve telework
• Not applicable to private employers

No State Requirements For:

• Remote work availability
• Telework policies
• Work-from-home equipment
• Home office standards
• Remote work stipends

Federal Laws Apply:

• Fair Labor Standards Act (wage/hour)
• ADA (reasonable accommodation)
• OSHA (workplace safety – limited home application)
• Title VII (anti-discrimination)

Employer Discretion:
North Carolina private employers may:

• Permit or prohibit remote work
• Establish remote work criteria
• Require return to office
• Change remote work policies
• Monitor remote work (subject to privacy laws)

All subject to non-discrimination and accommodation requirements.