§50B-5.5. Prohibit employment discrimination against domestic violence victimsPART XVIII. PROHIBIT EMPLOYMENT DISCRIMINATION AGAINST DOMESTIC VIOLENCE VICTIMS SECTION18.1. Chapter 50B of theof the General Statutes is amended by adding a new section to read:
§ 50B-5.5.Employment discrimination unlawful. (a) No employer shall discharge, demote, deny apromotion, or discipline an employee because the employee took reasonable time off from work to obtain or attempt to obtain relief under this Chapter. An employee who is absent from the workplace shall follow the employer’s usual time-off policy or procedure, including advance notice to the employer, whenrequired by the employer’s usual procedures, unless an emergency prevents the employee from doing so. An employer may require documentation of any emergency that prevented the employee from complying in advance with the employer’s usual time-off policy or procedure, or any other information available to the employee which supports the employee’s reason for being absent from theworkplace. (b) The Commissioner of Labor shall enforce the provisions of this section according to Article 21 of Chapter 95 of the General Statutes, including the rules and regulations issued pursuant to the Article.”
SECTION 18.2. G.S. 95-241(a) reads as rewritten: “(a)No person shall discriminate or take any retaliatoryaction against an employee because the employee in good faith does or threatens to do any of the following: (1) File a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to any of the following: a. Chapter 97 of the General Statutes. b. Article 2A or Article 16 of this Chapter. c. Article 2A of Chapter 74 of the General Statutes. d. G.S. 95-28.1. e. Article 16 of Chapter 127A of the General Statutes. f. G.S. 95-28.1A. (2) Cause any of the activities listed in subdivision (1) of this subsection to be initiated on an employee’s behalf. (3) Exercise any right on behalf of the employee or any other employee afforded by Article 2A or Article 16 of this Chapter or by Article 2A of Chapter 74 of the General Statutes. (4) Comply with the provisions of Article 27 of Chapter 7B of the General Statutes. (5) Exercise rights under Chapter 50B. Actions brought under this subdivision shall be in accordance with the provisions of G.S. 50B-5.5.”
SECTION 18.3. This part becomes effective October 1, 2004, and applies to actions filed on or after that date.
