North Carolina 2025-2026 Regular Session

North Carolina House Bill H826

Introduced
4/8/25  

Caption

No Retaliation Against Mandatory Reporters

Summary

House Bill 826 creates a new labor-law protection for employees who are required by law to make mandatory reports, such as reports of child abuse, neglect, dependency, exploitation, fraud, certain injuries, missing persons, sex offender noncompliance, sewage discharges, and other legally required notifications. The bill states public policy that these workers should be able to fulfill their reporting duties without fear of intimidation or retaliation from employers. The bill prohibits employers from taking retaliatory action against an employee because the employee made a good-faith mandatory report. It also requires employers to give covered employees notice of their rights and training on mandatory reporting obligations within 60 days of hiring and annually thereafter. To be protected, an employee must document the report and, when legally allowed, notify the employer within five business days; the bill also preserves confidentiality requirements and existing whistleblower protections. The bill establishes an enforcement process through the Commissioner of Labor. An employee may file a complaint, and the Commissioner must investigate and issue a determination within 90 days. If a violation is found, the Commissioner may order cease-and-desist relief, reinstatement, back pay and benefits, and civil penalties of up to $5,000 per violation. The bill also allows a civil lawsuit in court, with possible attorneys’ fees and costs, and creates a rebuttable presumption of retaliation for adverse actions taken within 60 days of protected activity. In terms of state law, the bill adds a new Article 21A to Chapter 95 of the General Statutes and amends the state retaliation statute to include exercising rights under that new article. It creates a narrow exception to at-will employment for this purpose only, while making clear that it does not override legitimate discipline, confidentiality obligations, or other state and federal whistleblower laws. The Commissioner of Labor would also be required to adopt rules and begin collecting complaint data in 2026. The overall sentiment reflected by the bill text is supportive of mandatory reporters and protective of vulnerable populations, with the measure framed as a way to remove workplace pressure that could discourage required reporting. No committee transcript or vote data was provided, so there is no recorded public debate or voting pattern to indicate broader support or opposition. Likely points of contention, based on the bill’s structure, would be employer concerns about litigation exposure, the rebuttable presumption of retaliation, mandatory training and notice requirements, and the civil penalty and damages provisions.

Impact

The bill would add a new employment-protection framework in Chapter 95 for workers who are legally required to make mandatory reports, and it would expand the state retaliation statute to cover retaliation claims tied to those reporting rights. It affects employers of covered employees, the Commissioner of Labor, and employees who serve as mandatory reporters, while preserving existing confidentiality rules and other whistleblower remedies.

Sentiment

The bill is presented in strongly protective terms, emphasizing the importance of allowing mandatory reporters to comply with reporting laws without fear of adverse job consequences. Because no committee discussion or votes were provided, there is no documented legislative sentiment beyond the bill’s own stated policy rationale. Based on the text, the measure appears designed to be pro-worker and pro-reporting, with an emphasis on child welfare, adult protective services, public safety, and fraud detection.

Contention

The main likely areas of contention are employer liability, administrative burden, and evidentiary standards. Employers may object to the required notices and annual training, the 60-day rebuttable presumption of retaliation, the possibility of reinstatement and civil penalties, and the private right of action with attorneys’ fees. Supporters would likely argue these tools are necessary to protect mandatory reporters and ensure compliance with reporting laws, while opponents may argue the bill could chill legitimate management decisions or create uncertainty in personnel actions.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.