GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997
SESSION LAW 1998-135
The General Assembly of North Carolina enacts:
Section 1. G.S. 126-4(11) reads as rewritten:
"(11) In cases where the Commission finds discrimination
discrimination, harassment, or orders reinstatement or back pay
whether (i) heard by the Commission or (ii) appealed for limited review after
settlement or (iii) resolved at the agency level, the assessment of reasonable
attorneys' fees and witnesses' fees against the State agency involved."
Section 2. G.S. 126-34 reads as rewritten:
"§ 126-34. Grievance appeal for career State employees.
Unless otherwise provided in this Chapter, Any any
career State employee having a grievance arising out of or due to his the
employee's employment and who does not allege unlawful harassment or discrimination
because of his the employee's age, sex, race, color, national
origin, religion, creed, handicapping condition as defined by G.S. 168A-3, or
political affiliation shall first discuss his the problem or
grievance with his the employee's supervisor and follow the
grievance procedure established by his the employee's department
or agency. Any State employee having a grievance arising out of or due to
the employee's employment who alleges unlawful harassment because of the
employee's age, sex, race, color, national origin, religion, creed, or
handicapping condition as defined by G.S. 168A-3 shall submit a written
complaint to the employee's department or agency. The department or
agency shall have 60 days within which to take appropriate remedial
action. If the employee is not satisfied with the department or agency's
response to the complaint, the employee shall have the right to appeal directly
to the State Personnel Commission."
Section 3. G.S. 126-34.1(a) is amended by adding a new subdivision to read:
"(10) Harassment in the workplace based upon age, sex, race, color, national origin, religion, creed, or handicapping condition, whether the harassment is based upon the creation of a hostile work environment or upon a quid pro quo."
Section 4. G.S. 126-36 reads as rewritten:
"§ 126-36. Appeal of unlawful State employment practice.
(a) Any State
employee or former State employee who has reason to believe that employment,
promotion, training, or transfer was denied him the employee or
that demotion, layoff layoff, transfer, or termination of
employment was forced upon him the employee in retaliation for
opposition to alleged discrimination or because of his the employee's
age, sex, race, color, national origin, religion, creed, political
affiliation, or handicapped handicapping condition as defined by
G.S. 168A-3 except where specific age, sex or physical requirements constitute
a bona fide occupational qualification necessary to proper and efficient
administration, shall have the right to appeal directly to the State Personnel
Commission.
(b) Subject to the requirements of G.S. 126-34, any State employee or former State employee who has reason to believe that the employee has been subjected to any of the following shall have the right to appeal directly to the State Personnel Commission:
(1) Harassment in the workplace based upon age, sex, race, color, national origin, religion, creed, or handicapping condition, whether the harassment is based upon the creation of a hostile work environment or upon a quid pro quo.
(2) Retaliation for opposition to harassment in the workplace based upon age, sex, race, color, national origin, religion, creed, or handicapping condition, whether the harassment is based upon the creation of a hostile work environment or upon a quid pro quo."
Section 5. G.S. 126-37(a) reads as rewritten:
"(a) Appeals involving a
disciplinary action, alleged discrimination, discrimination or
harassment, and any other contested case arising under this Chapter shall
be conducted in the Office of Administrative Hearings as provided in Article 3
of Chapter 150B; provided that no grievance may be appealed unless the employee
has complied with G.S. 126-34. The State Personnel Commission shall make a
final decision in these cases as provided in G.S. 150B-36, except as provided
in subsection (b1) of this section. The State Personnel Commission is hereby
authorized to reinstate any employee to the position from which he the
employee has been removed, to order the employment, promotion, transfer, or
salary adjustment of any individual to whom it has been wrongfully denied or to
direct other suitable action to correct the abuse which may include the
requirement of payment for any loss of salary which has resulted from the
improperly discriminatory action of the appointing authority."
Section 6. This act becomes effective August 15, 1998, and applies to State employee grievances arising on or after that date and to cases pending on that date in the Office of Administrative Hearings or before the State Personnel Commission or on appeal from a decision of the Commission.
In the General Assembly read three times and ratified this the 2nd day of September, 1998.
Approved 10:26 a.m. this 11th day of September, 1998