North Carolina 2025-2026 Regular Session

North Carolina House Bill H826 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 826
	3	+	H D
	4	+	HOUSE BILL DRH40441-LR-138
	5	+
5	6
6	7
7	8		Short Title: No Retaliation Against Mandatory Reporters. (Public)
8		-	Sponsors: Representatives Greenfield, Setzer, Lambeth, and White (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 9, 2025
12		-	H826 -v-1
	9	+	Sponsors: Representative Greenfield.
	10	+	Referred to:
	11	+
	12	+	DRH40441 -LR-138
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT AMENDING THE LABOR LAWS TO PROVIDE PROTECTION FOR 2
15	15		MANDATORY REPORTERS . 3
16	16		The General Assembly of North Carolina enacts: 4
17	17		SECTION 1. Chapter 95 of the General Statutes is amended by adding a new Article 5
18	18		to read: 6
19	19		"Article 21A. 7
20	20		"Protection for Mandatory Reporters. 8
21	21		"§ 95-246. Definitions; public policy. 9
22	22		(a) The following definitions apply in this Article: 10
23	23		(1) Commissioner. – The North Carolina Commissioner of Labor. 11
24	24		(2) Employee. – Any individual employed by an employer who is required by the 12
25	25		General Statutes to serve as a mandatory reporter. 13
26	26		(3) Employer. – Any person that employs one or more employees who are 14
27	27		required by the General Statutes to serve as a mandatory reporter. 15
28	28		(4) Mandatory reporter. – An individual who is required by law to report 16
29	29		suspected abuse, neglect, or dependency of children, disabled adults, or older 17
30	30		adults or who is covered under one or more of the following mandatory 18
31	31		reporting statutes: 19
32	32		a. G.S. 90-5.4. – Duty to report. 20
33	33		b. G.S. 90-121.7. – Duty to report certain other acts or events. 21
34	34		c. G.S. 77-129. – No discharge of treated or untreated sewage in coastal 22
35	35		waters; duty of marina owner or operator to report unlawful discharge. 23
36	36		d. G.S. 143B-1017. – Duty of individuals to notify Center and 24
37	37		law-enforcement agency when missing person has been located. 25
38	38		e. G.S. 7B-301. – Duty to report abuse, neglect, dependency, or death 26
39	39		due to maltreatment. 27
40	40		f. G.S. 7B-1700.1. – Duty to report abuse, neglect, dependency. 28
41	41		g. G.S. 14-208.11A. – Duty to report noncompliance of a sex offender; 29
42	42		penalty for failure to report in certain circumstances. 30
43	43		h. G.S. 90-21.20. – Reporting by physicians and hospitals of wounds, 31
44	44		injuries and illnesses. 32
45	45		i. G.S. 108A-102. – Duty to report; content of report; immunity. 33
46	46		j. G.S. 108A-115. – Duty to report suspected fraud; content of report; 34
47		-	immunity for reporting. 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 826-First Edition
49		-	k. G.S. 110-105.4. – Duty to report child maltreatment. 1
50		-	l. G.S. 122C-66. – Protection from abuse and exploitation; reporting. 2
51		-	(5) Protected activity. – Making a good-faith report of suspected abuse, neglect, 3
52		-	exploitation, dependency, fraud, or other conditions that threaten health, 4
53		-	safety, or welfare to the appropriate authorities as required by State law. 5
54		-	(6) Retaliatory action. – The discharge, suspension, demotion, disciplinary action, 6
55		-	reduction in salary, transfer, or other adverse employment action taken against 7
56		-	an employee in the terms, conditions, privileges, or benefits of employment. 8
57		-	(b) The General Assembly finds that when private employees are required by law to serve 9
58		-	as mandatory reporters, they may face conflicting pressures between their legal duty to report 10
59		-	and concerns about potential adverse employment consequences. These employees must be free 11
60		-	to fulfill their statutory obligations to protect vulnerable persons without intimidation, 12
61		-	harassment, or retaliatory employment action. Therefore, it is the public policy of this State that: 13
62		-	(1) Employees required by statute to report suspected abuse, neglect, dependency, 14
63		-	fraud, exploitation, or other conditions that threaten the health, safety, or 15
64		-	welfare of vulnerable persons shall fulfill their statutory reporting duties 16
65		-	without fear of retaliation from their employers. 17
66		-	(2) Employees serving as mandatory reporters under North Carolina law who 18
67		-	make good-faith reports as required by statute should be protected from 19
68		-	retaliatory actions in their employment, as their protection is essential to 20
69		-	ensure the effectiveness of the State's mandatory reporting systems and the 21
70		-	protection of the public or vulnerable populations. 22
71		-	"§ 95-247. Protection from retaliation. 23
72		-	(a) No employer shall take retaliatory action against an employee because the employee 24
73		-	engages in a protected activity. An employer takes retaliatory action against an employee when 25
74		-	the employee's protected activity is a substantial motivating factor in the employer's decision to 26
75		-	take adverse employment action against the employee. 27
76		-	(b) If an employee is a mandatory reporter, the employer shall provide notice to the 28
77		-	employee of their rights under this Article and provide training on mandatory reporting 29
78		-	obligations with 60 days of hiring and annually thereafter. 30
79		-	(c) To qualify for protection under this Article, an employee must document that they 31
80		-	made a mandatory report. When legally permitted, the employee should notify their employer 32
81		-	about the report within five business days of making it. This notification may be made in writing, 33
82		-	by email, or by other documented means of communication. If an employee does not provide 34
83		-	direct notification to their employer, the employee must establish in any subsequent retaliation 35
84		-	claim that the employer had knowledge of the report prior to taking the alleged retaliatory action. 36
85		-	(d) This Article shall not be construed to do any of the following: 37
86		-	(1) Prevent an employer from taking appropriate disciplinary action against an 38
87		-	employee for legitimate work performance issues unrelated to the employee's 39
88		-	protected activity. 40
89		-	(2) Override an employer's obligations to maintain confidentiality of information 41
90		-	as may be required by federal or State law. 42
91		-	(3) Diminish or replace any other whistleblower protections provided under State 43
92		-	or federal law. 44
93		-	"§ 95-248. Enforcement. 45
94		-	(a) Any employee who believes that an employer has violated the provisions of this 46
95		-	Article may file a written complaint with the Commissioner. The Commissioner shall investigate 47
96		-	and issue a determination within 90 days of receipt of the complaint. If the Commissioner 48
97		-	determines that a violation of this Article has occurred, the Commissioner may take one or more 49
98		-	of the following actions: 50
99		-	(1) Order the employer to cease and desist from the violation. 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 826-First Edition Page 3
	47	+	immunity for reporting. 35
	48	+	k. G.S. 110-105.4. – Duty to report child maltreatment. 36
	49	+	H.B. 826
	50	+	Apr 8, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH40441-LR-138
	53	+	l. G.S. 122C-66. – Protection from abuse and exploitation; reporting. 1
	54	+	(5) Protected activity. – Making a good-faith report of suspected abuse, neglect, 2
	55	+	exploitation, dependency, fraud, or other conditions that threaten health, 3
	56	+	safety, or welfare to the appropriate authorities as required by State law. 4
	57	+	(6) Retaliatory action. – The discharge, suspension, demotion, disciplinary action, 5
	58	+	reduction in salary, transfer, or other adverse employment action taken against 6
	59	+	an employee in the terms, conditions, privileges, or benefits of employment. 7
	60	+	(b) The General Assembly finds that when private employees are required by law to serve 8
	61	+	as mandatory reporters, they may face conflicting pressures between their legal duty to report 9
	62	+	and concerns about potential adverse employment consequences. These employees must be free 10
	63	+	to fulfill their statutory obligations to protect vulnerable persons without intimidation, 11
	64	+	harassment, or retaliatory employment action. Therefore, it is the public policy of this State that: 12
	65	+	(1) Employees required by statute to report suspected abuse, neglect, dependency, 13
	66	+	fraud, exploitation, or other conditions that threaten the health, safety, or 14
	67	+	welfare of vulnerable persons shall fulfill their statutory reporting duties 15
	68	+	without fear of retaliation from their employers. 16
	69	+	(2) Employees serving as mandatory reporters under North Carolina law who 17
	70	+	make good-faith reports as required by statute should be protected from 18
	71	+	retaliatory actions in their employment, as their protection is essential to 19
	72	+	ensure the effectiveness of the State's mandatory reporting systems and the 20
	73	+	protection of the public or vulnerable populations. 21
	74	+	"§ 95-247. Protection from retaliation. 22
	75	+	(a) No employer shall take retaliatory action against an employee because the employee 23
	76	+	engages in a protected activity. An employer takes retaliatory action against an employee when 24
	77	+	the employee's protected activity is a substantial motivating factor in the employer's decision to 25
	78	+	take adverse employment action against the employee. 26
	79	+	(b) If an employee is a mandatory reporter, the employer shall provide notice to the 27
	80	+	employee of their rights under this Article and provide training on mandatory reporting 28
	81	+	obligations with 60 days of hiring and annually thereafter. 29
	82	+	(c) To qualify for protection under this Article, an employee must document that they 30
	83	+	made a mandatory report. When legally permitted, the employee should notify their employer 31
	84	+	about the report within five business days of making it. This notification may be made in writing, 32
	85	+	by email, or by other documented means of communication. If an employee does not provide 33
	86	+	direct notification to their employer, the employee must establish in any subsequent retaliation 34
	87	+	claim that the employer had knowledge of the report prior to taking the alleged retaliatory action. 35
	88	+	(d) This Article shall not be construed to do any of the following: 36
	89	+	(1) Prevent an employer from taking appropriate disciplinary action against an 37
	90	+	employee for legitimate work performance issues unrelated to the employee's 38
	91	+	protected activity. 39
	92	+	(2) Override an employer's obligations to maintain confidentiality of information 40
	93	+	as may be required by federal or State law. 41
	94	+	(3) Diminish or replace any other whistleblower protections provided under State 42
	95	+	or federal law. 43
	96	+	"§ 95-248. Enforcement. 44
	97	+	(a) Any employee who believes that an employer has violated the provisions of this 45
	98	+	Article may file a written complaint with the Commissioner. The Commissioner shall investigate 46
	99	+	and issue a determination within 90 days of receipt of the complaint. If the Commissioner 47
	100	+	determines that a violation of this Article has occurred, the Commissioner may take one or more 48
	101	+	of the following actions: 49
	102	+	(1) Order the employer to cease and desist from the violation. 50 General Assembly Of North Carolina Session 2025
	103	+	DRH40441-LR-138 Page 3
101	104		(2) Order reinstatement of the employee to the same position held before the 1
102	105		retaliatory action or an equivalent position. 2
103	106		(3) Order compensation for lost wages, benefits, and other remuneration. 3
104	107		(4) Assess a civil penalty against the employer not to exceed five thousand dollars 4
105	108		($5,000) per violation. 5
106	109		(b) An employee may bring a civil action against the employer in the General Court of 6
107	110		Justice for violations of this Article within one year after the alleged violation occurred or within 7
108	111		90 days of the Commissioner's determination, whichever is later. A court may award reasonable 8
109	112		costs and attorneys' fees to the prevailing party. 9
110	113		(c) The employee shall have the initial burden of establishing a prima facie case by 10
111	114		preponderance of the evidence that protected activity was a substantial motivating factor in the 11
112	115		retaliatory action. A prima facie case consists of evidence showing (i) the employee engaged in 12
113	116		protected activity, (ii) the employer took adverse action against the employee, and (iii) there is a 13
114	117		causal connection between the protected activity and the adverse action. If the employee 14
115	118		establishes a prima facie case, the burden shifts to the employer to articulate a legitimate, 15
116	119		non-retaliatory reason for the adverse employment action. If the employer meets this burden, the 16
117	120		employee must then demonstrate that the employer's stated reason is a pretext for retaliation. 17
118	121		(d) Any adverse employment action taken against an employee within 60 days of the 18
119	122		employee engaging in protected activity may give rise to a rebuttable presumption that the action 19
120	123		was retaliatory. An employer may rebut this presumption with clear and convincing evidence 20
121	124		that the adverse employment action was taken for legitimate, non-retaliatory reasons. The 21
122	125		existence of regular employee performance documentation created before the employer had 22
123	126		knowledge of a mandatory report may be sufficient evidence to rebut the presumption under this 23
124	127		subsection. 24
125	128		(e) The Commissioner shall establish reasonable confidentiality measures during 25
126	129		investigations, balancing the need to protect sensitive information with the parties' rights to due 26
127	130		process. 27
128	131		"§ 95-249. Miscellaneous provisions. 28
129	132		(a) For employment contracts executed prior to the effective date of this Article, the 29
130	133		protections provided herein shall be construed as supplemental to existing contractual rights and 30
131	134		shall not be interpreted to nullify valid contractual provisions. Employers may include in new or 31
132	135		renewed employment contracts provisions relating to mandatory reporting procedures that do not 32
133	136		diminish the protections provided by this Article. 33
134	137		(b) This Article creates a narrow exception to the at-will employment doctrine solely for 34
135	138		the purpose of protecting mandatory reporters from retaliation. An employee has no right to 35
136	139		continued employment under this Article beyond the protection from retaliatory action for 36
137	140		engaging in protected activity. 37
138	141		(c) The remedies, procedures, and rights set forth in this Article are in addition to and not 38
139	142		in lieu of any other remedies, procedures, or rights available under any other State or federal law. 39
140	143		(d) If any provision of this Article or its application to any person or circumstance is held 40
141	144		invalid or unenforceable, the remainder of this Article or the application of the provision to other 41
142	145		persons or circumstances is not affected. 42
143	146		(e) The Commissioner shall adopt policies and rules for the implementation and 43
144	147		enforcement of this Article. Beginning January 1, 2026, the Commissioner shall collect and 44
145	148		maintain data on complaints, determinations, and resolutions under this Article and shall report 45
146	149		periodically to the General Assembly." 46
147	150		SECTION 2. G.S. 95-241(a) is amended by adding a new subdivision to read: 47
148	151		"(6) Exercise rights under Article 21A of this Chapter. Actions brought under this 48
149	152		subdivision shall be in accordance with the provisions of G.S. 95-248." 49
150	153		SECTION 3. This act becomes effective July 1, 2025, and applies to acts or 50
151	154		omissions occurring on or after that date. 51