Adds Article 21A to Chapter 95 providing as follows.
Enacts GS 95-246 defining commissioner (NC Commissioner of Labor); employee (any individual employed by an employer required by the General Statutes to serve as a mandatory reporter); employer (any person that employs at least one employee required by the General Statutes to serve as a mandatory reporter); mandatory reporter (individual required by law to report suspected abuse, neglect, or dependency of children, disabled adults, or older adults or who is covered under one or more of the listed mandatory reporting statutes); protected activity (good-faith report of suspected listed conditions to the appropriate authorities as required by state law); retaliatory action (any listed adverse employment action taken against an employee in the terms, conditions, privileges, or benefits of employment). Contains NCGS findings to explain the added public policy of the state that employees required by statute to report are able to fulfill those statutory duties without fear of retaliation from their employers and that mandatory reporters who make good-faith reports required by statute should be protected from retaliatory actions in their employment.
Enacts GS 95-247 prohibiting an employer from taking retaliatory action against an employee who engaged in a protected activity, requiring an employer to provide all mandatory reporting employees notice of their rights under this Article and to provide training on mandatory reporting obligations within 60 days of hiring and annually thereafter. Sets out requirements for employees to qualify for protection under this Article. Clarifies that this Article does not (1) prevent an employer from taking appropriate disciplinary action against an employee for work performance issues unrelated to protected activity; (2) override an employer’s obligations to maintain confidentiality as required by federal or state law; or (3) diminish or replace any other whistleblower protections provided under state or federal law.
Enacts GS 95-248 providing that an employee who believes an employer has violated this Article can file a written complaint with the Commissioner. Requires Commissioner to investigate and issue a determination within 90 days of receiving the complaint. If a violation is found, the Commissioner can take one or more of the listed actions, including assessing a penalty of up to $5,000 per violation. Permits an employee to bring a civil action against the employer for violations of this Article and provides details about such action including statute of limitations, permissible awards by a court, and burdens on each party. Requires the Commissioner to establish reasonable confidentiality measures during investigations.
Enacts GS 95-249 mandating that the protections of this Article be supplemental to existing contract rights for employment contracts executed before the Article’s effective date and not interpreted to nullify any valid contract provisions. Permits employers to include in new or renewed contracts provisions relating to mandatory reporting procedures that do not diminish the Article’s protections. Acknowledges narrow exception created by the Article to the at-will employment doctrine solely to protect mandatory reporters from retaliation. Clarifies that this Article’s provisions are in addition to, not in lieu of, any other remedies, procedures, or rights available under other state or federal law. Contains a severability clause. Requires the Commissioner to adopt policies and rules for implementing and enforcing the Article. Requires the Commissioner to collect and maintain data on complaints, determinations, and resolutions under this Article beginning January 1, 2026, and to report periodically to the NCGA.
Makes conforming change to GS 95-241(A).
Effective July 1, 2025, and applies to acts or omissions occurring on or after that date.

Statutes affected:
Filed: 95-241