North Carolina § 126-85 - Protection from retaliation.

§ 126-85. Protection from retaliation.

No head of any State department, agency or institution or other State employee exercising supervisory authority shall discharge, threaten or otherwise discriminate against a State employee regarding the State employee's compensation, terms, conditions, location, or privileges of employment because the State employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, any activity described in G.S. 126-84, unless the State employee knows or has reason to believe that the report is inaccurate. No State employee shall retaliate against another State employee because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, any activity described in G.S. 126-84. No head of any State department, agency or institution or other State employee exercising supervisory authority shall discharge, threaten or otherwise discriminate against a State employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the State employee has refused to carry out a directive which in fact constitutes a violation of State or federal law, rule or regulation or poses a substantial and specific danger to the public health and safety. No State employee shall retaliate against another State employee because the employee has refused to carry out a directive which may constitute a violation of State or federal law, rule or regulation, or poses a substantial and specific danger to the public health and safety. The protections of this Article shall include State employees who report any activity described in G.S. 126-84 to the State Auditor as authorized by G.S. 147-64.6B, to the Program Evaluation Division as authorized by G.S. 120-36.12(10), or to a legislative panel duly appointed by the President Pro Tempore and/or the Speaker of the House or an agent or employee of such a legislative panel as required by G.S. 120-19. History (1989, c. 236, s. 1; 1997-520, s. 6; 2008-196, s. 2(b); 2008-215, s. 8; 2019-80, s. 2.) Editor's Note. - Session Laws 2008-215, s. 9, provides: "This act is effective when it becomes law [August 15, 2008] and applies to all information received or collected by the State Auditor concerning alleged violations of Chapters 138A or 120C of the General Statutes or Article 14 of Chapter 120 of the General Statutes on or after January 1, 2007." Session Laws 2019-80, s. 4, provides: "Effective when this act becomes law [July 4, 2019], the head of each State agency, department, and institution shall notify its employees of the changes made by this act." Effect of Amendments. - Session Laws 2008-196, s. 2(b), effective August 8, 2008, added "or to the Program Evaluation Division as authorized by G.S. 120-36.12(10)" at the end of subsection (c). Session Laws 2008-215, s. 8, effective August 15, 2008, substituted "G.S. 147-64.6B" for "G.S. 147-64.6(c)(16)" in subsection (c). See Editor's note for applicability. Session Laws 2019-80, s. 2, effective July 4, 2019, rewrote subsection (c), which formerly read: "The protections of this Article shall include State employees who report any activity described in G.S. 126-84 to the State Auditor as authorized by G.S. 147-64.6 B or to the Program Evaluation Division as authorized by G.S. 120-36.12(10)."