State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_126 > GS_126-85

§ 126‑85.  Protectionfrom retaliation.

(a)        No head of anyState department, agency or institution or other State employee exercisingsupervisory authority shall discharge, threaten or otherwise discriminateagainst 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 theState employee knows or has reason to believe that the report is inaccurate.

(a1)      No State employeeshall retaliate against another State employee because the employee, or aperson acting on behalf of the employee, reports or is about to report,verbally or in writing, any activity described in G.S. 126‑84.

(b)        No head of anyState department, agency or institution or other State employee exercisingsupervisory authority shall discharge, threaten or otherwise discriminateagainst a State employee regarding the employee's compensation, terms,conditions, location or privileges of employment because the State employee hasrefused to carry out a directive which in fact constitutes a violation of Stateor federal law, rule or regulation or poses a substantial and specific dangerto the public health and safety.

(b1)      No State employeeshall retaliate against another State employee because the employee has refusedto carry out a directive which may constitute a violation of State or federallaw, rule or regulation, or poses a substantial and specific danger to thepublic health and safety.

(c)        The protections ofthis Article shall include State employees who report any activity described inG.S. 126‑84 to the State Auditor as authorized by G.S. 147‑64.6B orto the Program Evaluation Division as authorized by G.S. 120‑36.12(10).  (1989, c. 236, s. 1; 1997‑520,s. 6; 2008‑196, s. 2(b); 2008‑215, s. 8.)