North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S588 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 588
3+S D
4+SENATE BILL DRS45306-LR-151
5+
56
67
78 Short Title: Pregnant Workers Protection Act. (Public)
89 Sponsors: Senators Murdock and Chitlik (Primary Sponsors).
9-Referred to: Rules and Operations of the Senate
10-March 26, 2025
11-*S588 -v-1*
10+Referred to:
11+
12+*DRS45306 -LR-151*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT TO PROTECT PREGNANT WOMEN FROM DISCRIMINATORY PRACTICES. 2
1415 The General Assembly of North Carolina enacts: 3
1516 SECTION 1.(a) G.S. 95-151 reads as rewritten: 4
1617 "§ 95-151. Discrimination. 5
1718 No employer, employee, or any other person related to the administration of this Article shall 6
1819 be discriminated against in any work, procedure, or employment by reason of sex, race, 7
1920 pregnancy, ethnic origin, or by reason of religious affiliation." 8
2021 SECTION 1.(b) G.S. 126-34.02(b) reads as rewritten: 9
2122 "(b) The following issues may be heard as contested cases after completion of the agency 10
2223 grievance procedure and the Office of State Human Resources review: 11
2324 (1) Discrimination or harassment. – An applicant for State employment, a State 12
2425 employee, or former State employee may allege discrimination or harassment 13
2526 based on race, religion, color, national origin, sex, age, disability, pregnancy, 14
2627 genetic information, or political affiliation if the employee believes that he or 15
2728 she has been discriminated against in his or her application for employment 16
2829 or in the terms and conditions of the employee's employment, or in the 17
2930 termination of his or her employment. 18
3031 (2) Retaliation. – An applicant for State employment, a State employee, or former 19
3132 State employee may allege retaliation for protesting discrimination based on 20
3233 race, religion, color, national origin, sex, age, disability, pregnancy, political 21
3334 affiliation, or genetic information if the employee believes that he or she has 22
3435 been retaliated against in his or her application for employment or in the terms 23
3536 and conditions of the employee's employment, or in the termination of the 24
3637 employee's employment. 25
3738 …." 26
3839 SECTION 2.(a) G.S. 168A-3 is amended by adding a new subdivision to read: 27
3940 "(7b) Pregnancy and pregnancy-related conditions. – Pregnancy, childbirth, and 28
4041 related medical conditions, including lactation. Pregnancy and 29
4142 pregnancy-related conditions shall be considered a physical impairment for 30
4243 the purposes of this Chapter when they substantially limit one or more major 31
4344 life activities." 32
4445 SECTION 2.(b) G.S. 168A-5 is amended by adding a new subsection to read: 33
4546 "(a1) Pregnancy accommodations. – It is a discriminatory practice if an employer fails to 34
4647 provide reasonable accommodations for any limitation of an employee related to pregnancy, 35
47-childbirth, or a related medical condition, unless the employer can demonstrate that providing 36 General Assembly Of North Carolina Session 2025
48-Page 2 Senate Bill 588-First Edition
48+childbirth, or a related medical condition, unless the employer can demonstrate that providing 36
49+FILED SENATE
50+Mar 25, 2025
51+S.B. 588
52+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
53+Page 2 DRS45306-LR-151
4954 such accommodations would impose an undue hardship on the operation of the business of the 1
5055 employer. Reasonable accommodations may include, but are not limited to any one or more of 2
5156 the following: 3
5257 (1) More frequent or longer bathroom breaks. 4
5358 (2) Breaks for increased hydration. 5
5459 (3) Breaks for periodic rest. 6
5560 (4) Assistance with heavy manual labor. 7
5661 (5) Job restructuring. 8
5762 (6) Modified work schedules. 9
5863 (7) Temporary transfer to a less strenuous or hazardous position. 10
5964 (8) Providing a vacant position to an employee who cannot perform the essential 11
6065 functions of her job due to pregnancy or a pregnancy-related condition. 12
6166 (9) Providing seating. 13
6267 (10) Allowing the employee to maintain a healthy weight. 14
6368 (11) Providing break time and appropriate facilities for expressing breast milk." 15
6469 SECTION 3. G.S. 41A-3(3a) reads as rewritten: 16
6570 "(3a) 'Handicapping condition' means (i) a physical or mental impairment which 17
6671 substantially limits one or more of a person's major life activities, (ii) a record 18
6772 of having such an impairment, or (iii) being regarded as having such an 19
6873 impairment. Handicapping condition does not include current, illegal use of 20
6974 or addiction to a controlled substance as defined in 21 U.S.C. § 802, the 21
7075 Controlled Substances Act. Handicapping condition includes pregnancy and 22
7176 pregnancy-related conditions as defined in G.S. 168A-3. The protections 23
7277 against discrimination on the basis of handicapping condition shall apply to a 24
7378 buyer or renter of a dwelling, a person residing in or intending to reside in the 25
7479 dwelling after it is sold, rented, or made available, or any person associated 26
7580 with the buyer or renter." 27
7681 SECTION 4. This act becomes effective July 1, 2026, and applies to acts and 28
7782 omission occurring on or after that date. 29