North Carolina 2025 2025-2026 Regular Session

North Carolina Senate Bill S588 Amended / Bill

Filed 03/26/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
S 	1 
SENATE BILL 588 
 
 
Short Title: Pregnant Workers Protection Act. 	(Public) 
Sponsors: Senators Murdock and Chitlik (Primary Sponsors). 
Referred to: Rules and Operations of the Senate 
March 26, 2025 
*S588 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO PROTECT PREGNANT WOMEN FROM DI SCRIMINATORY PRACTIC ES.  2 
The General Assembly of North Carolina enacts: 3 
SECTION 1.(a)  G.S. 95-151 reads as rewritten: 4 
"§ 95-151.  Discrimination. 5 
No employer, employee, or any other person related to the  administration of this Article shall 6 
be discriminated against in any work, procedure, or employment by reason of sex, race, 7 
pregnancy, ethnic origin, or by reason of religious affiliation." 8 
SECTION 1.(b) G.S. 126-34.02(b) reads as rewritten: 9 
"(b) The following issues may be heard as contested cases after completion of the agency 10 
grievance procedure and the Office of State Human Resources review: 11 
(1) Discrimination or harassment. – An applicant for State employment, a State 12 
employee, or former State employee may allege discrimination or harassment 13 
based on race, religion, color, national origin, sex, age, disability, pregnancy, 14 
genetic information, or political affiliation if the employee believes that he or 15 
she has been discriminated against in his or her application for employment 16 
or in the terms and conditions of the employee's employment, or in the 17 
termination of his or her employment. 18 
(2) Retaliation. – An applicant for State employment, a State employee, or former 19 
State employee may allege retaliation for protesting discrimination based on 20 
race, religion, color, national origin, sex, age, disability, pregnancy, political 21 
affiliation, or genetic information if the employee believes that he or she has 22 
been retaliated against in his or her application for employment or in the terms 23 
and conditions of the employee's employment, or in the termination of the 24 
employee's employment. 25 
…." 26 
SECTION 2.(a) G.S. 168A-3 is amended by adding a new subdivision to read: 27 
"(7b) Pregnancy and pregnancy-related conditions. – Pregnancy, childbirth, and 28 
related medical conditions, including lactation. Pregnancy and 29 
pregnancy-related conditions shall be considered a physical impairment for 30 
the purposes of this Chapter when they substantially limit one or more major 31 
life activities." 32 
SECTION 2.(b)  G.S. 168A-5 is amended by adding a new subsection to read: 33 
"(a1) Pregnancy accommodations. – It is a discriminatory practice if an employer fails to 34 
provide reasonable accommodations for any limitation of an employee related to pregnancy, 35 
childbirth, or a related medical condition, unless the employer can demonstrate that providing 36  General Assembly Of North Carolina 	Session 2025 
Page 2  Senate Bill 588-First Edition 
such accommodations would impose an undue hardship on the operation of the business of the 1 
employer. Reasonable accommodations may include, but are not limited to any one or more of 2 
the following: 3 
(1) More frequent or longer bathroom breaks. 4 
(2) Breaks for increased hydration. 5 
(3) Breaks for periodic rest. 6 
(4) Assistance with heavy manual labor. 7 
(5) Job restructuring. 8 
(6) Modified work schedules. 9 
(7) Temporary transfer to a less strenuous or hazardous position. 10 
(8) Providing a vacant position to an employee who cannot perform the essential 11 
functions of her job due to pregnancy or a pregnancy-related condition. 12 
(9) Providing seating. 13 
(10) Allowing the employee to maintain a healthy weight. 14 
(11) Providing break time and appropriate facilities for expressing breast milk." 15 
SECTION 3. G.S. 41A-3(3a) reads as rewritten: 16 
"(3a) 'Handicapping condition' means (i) a physical or mental impairment which 17 
substantially limits one or more of a person's major life activities, (ii) a record 18 
of having such an impairment, or (iii) being regarded as having such an 19 
impairment. Handicapping condition does not include current, illegal use of 20 
or addiction to a controlled substance as defined in 21 U.S.C. § 802, the 21 
Controlled Substances Act. Handicapping condition includes pregnancy and 22 
pregnancy-related conditions as defined in G.S. 168A-3. The protections 23 
against discrimination on the basis of handicapping condition shall apply to a 24 
buyer or renter of a dwelling, a person residing in or intending to reside in the 25 
dwelling after it is sold, rented, or made available, or any person associated 26 
with the buyer or renter." 27 
SECTION 4. This act becomes effective July 1, 2026, and applies to acts and 28 
omission occurring on or after that date. 29