12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO PROTECT PREGNANT WOMEN FROM DISCRIMINATORY PRACTICES. 2 |
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14 | 15 | | The General Assembly of North Carolina enacts: 3 |
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15 | 16 | | SECTION 1.(a) G.S. 95-151 reads as rewritten: 4 |
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16 | 17 | | "§ 95-151. Discrimination. 5 |
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17 | 18 | | No employer, employee, or any other person related to the administration of this Article shall 6 |
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18 | 19 | | be discriminated against in any work, procedure, or employment by reason of sex, race, 7 |
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19 | 20 | | pregnancy, ethnic origin, or by reason of religious affiliation." 8 |
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20 | 21 | | SECTION 1.(b) G.S. 126-34.02(b) reads as rewritten: 9 |
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21 | 22 | | "(b) The following issues may be heard as contested cases after completion of the agency 10 |
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22 | 23 | | grievance procedure and the Office of State Human Resources review: 11 |
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23 | 24 | | (1) Discrimination or harassment. – An applicant for State employment, a State 12 |
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24 | 25 | | employee, or former State employee may allege discrimination or harassment 13 |
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25 | 26 | | based on race, religion, color, national origin, sex, age, disability, pregnancy, 14 |
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26 | 27 | | genetic information, or political affiliation if the employee believes that he or 15 |
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27 | 28 | | she has been discriminated against in his or her application for employment 16 |
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28 | 29 | | or in the terms and conditions of the employee's employment, or in the 17 |
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29 | 30 | | termination of his or her employment. 18 |
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30 | 31 | | (2) Retaliation. – An applicant for State employment, a State employee, or former 19 |
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31 | 32 | | State employee may allege retaliation for protesting discrimination based on 20 |
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32 | 33 | | race, religion, color, national origin, sex, age, disability, pregnancy, political 21 |
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33 | 34 | | affiliation, or genetic information if the employee believes that he or she has 22 |
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34 | 35 | | been retaliated against in his or her application for employment or in the terms 23 |
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35 | 36 | | and conditions of the employee's employment, or in the termination of the 24 |
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36 | 37 | | employee's employment. 25 |
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37 | 38 | | …." 26 |
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38 | 39 | | SECTION 2.(a) G.S. 168A-3 is amended by adding a new subdivision to read: 27 |
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39 | 40 | | "(7b) Pregnancy and pregnancy-related conditions. – Pregnancy, childbirth, and 28 |
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40 | 41 | | related medical conditions, including lactation. Pregnancy and 29 |
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41 | 42 | | pregnancy-related conditions shall be considered a physical impairment for 30 |
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42 | 43 | | the purposes of this Chapter when they substantially limit one or more major 31 |
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43 | 44 | | life activities." 32 |
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44 | 45 | | SECTION 2.(b) G.S. 168A-5 is amended by adding a new subsection to read: 33 |
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45 | 46 | | "(a1) Pregnancy accommodations. – It is a discriminatory practice if an employer fails to 34 |
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46 | 47 | | provide reasonable accommodations for any limitation of an employee related to pregnancy, 35 |
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49 | 54 | | such accommodations would impose an undue hardship on the operation of the business of the 1 |
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50 | 55 | | employer. Reasonable accommodations may include, but are not limited to any one or more of 2 |
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51 | 56 | | the following: 3 |
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52 | 57 | | (1) More frequent or longer bathroom breaks. 4 |
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53 | 58 | | (2) Breaks for increased hydration. 5 |
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54 | 59 | | (3) Breaks for periodic rest. 6 |
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55 | 60 | | (4) Assistance with heavy manual labor. 7 |
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56 | 61 | | (5) Job restructuring. 8 |
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57 | 62 | | (6) Modified work schedules. 9 |
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58 | 63 | | (7) Temporary transfer to a less strenuous or hazardous position. 10 |
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59 | 64 | | (8) Providing a vacant position to an employee who cannot perform the essential 11 |
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60 | 65 | | functions of her job due to pregnancy or a pregnancy-related condition. 12 |
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61 | 66 | | (9) Providing seating. 13 |
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62 | 67 | | (10) Allowing the employee to maintain a healthy weight. 14 |
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63 | 68 | | (11) Providing break time and appropriate facilities for expressing breast milk." 15 |
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64 | 69 | | SECTION 3. G.S. 41A-3(3a) reads as rewritten: 16 |
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65 | 70 | | "(3a) 'Handicapping condition' means (i) a physical or mental impairment which 17 |
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66 | 71 | | substantially limits one or more of a person's major life activities, (ii) a record 18 |
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67 | 72 | | of having such an impairment, or (iii) being regarded as having such an 19 |
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68 | 73 | | impairment. Handicapping condition does not include current, illegal use of 20 |
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69 | 74 | | or addiction to a controlled substance as defined in 21 U.S.C. § 802, the 21 |
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70 | 75 | | Controlled Substances Act. Handicapping condition includes pregnancy and 22 |
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71 | 76 | | pregnancy-related conditions as defined in G.S. 168A-3. The protections 23 |
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72 | 77 | | against discrimination on the basis of handicapping condition shall apply to a 24 |
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73 | 78 | | buyer or renter of a dwelling, a person residing in or intending to reside in the 25 |
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74 | 79 | | dwelling after it is sold, rented, or made available, or any person associated 26 |
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75 | 80 | | with the buyer or renter." 27 |
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76 | 81 | | SECTION 4. This act becomes effective July 1, 2026, and applies to acts and 28 |
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77 | 82 | | omission occurring on or after that date. 29 |
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