North Carolina 2019-2020 Session Status: In Committee 1 D cosponsors

SB 786 — BE HEARD in the Workplace/Funds.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

19 added · 20 removed

Plain-language change summary

In the updated version of Senate Bill 786, a key phrase was added to clarify that employees do not need to prove the existence of a specific individual related to their employment or its termination in order to bring forward a civil action. This change is important because it simplifies the process for employees seeking to address grievances, reducing potential hurdles they might face when standing up for their rights or safety at work. This can help ensure that employees feel more empowered to take action if they believe their rights have been violated.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA May 14, 2020 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 786 Short Title:
786 SESSION 2019 PRINCIPAL CLERK S D SENATE BILL DRS45435-LRa-152A Short Title:
A BILL TO BE ENTITLED AN ACT TO ENACT THE "BE HEARD IN THE WORKPLACE ACT," INCLUDING RAISING THE MINIMUM WAGE OF TIPPED EMPLOYEES, TO DEFINE PROTECTED CLASSES AND UNLAWFUL DISCRIMINATORY PRACTICES, AND TO APPROPRIATE FUNDS TO IMPLEMENT THE PROVISIONS OF THIS ACT.
Rules and Operations of the Senate May 18, 2020 A BILL TO BE ENTITLED AN ACT TO ENACT THE "BE HEARD IN THE WORKPLACE ACT," INCLUDING RAISING THE MINIMUM WAGE OF TIPPED EMPLOYEES, TO DEFINE PROTECTED CLASSES AND UNLAWFUL DISCRIMINATORY PRACTICES, AND TO APPROPRIATE FUNDS TO IMPLEMENT THE PROVISIONS OF THIS ACT.
… (c) No civil action maybe brought or maintained, and no liabilitymaybe imposed, under this Chapter against a governmental unit, a government official with respect to actions taken within the scope of his the person's official governmental duties, or an employer or his the employer's agent with respect to actions taken concerning his the employer's employees within the scope of the employment relationship.
… (c) No civil action maybe brought or maintained, and no liabilitymay be imposed, under this Chapter against a governmental unit, a government official with respect to actions taken within the scope of his the person's official governmental duties, or an employer or his the employer's agent with respect to actions taken concerning his the employer's employees within the scope of the employment relationship.
*DRS45435-LRa-152A* General Assembly Of North Carolina Session 2019 d.
*S786-v-1* General Assembly Of North Carolina Session 2019 d.
Nothing in this subsection shall implythat an employeemust demonstratetheexistenceofan individualtowhom the employee's treatment must be compared.
Nothing in this subsection shall implythat an employeemust demonstratetheexistenceofanindividual towhom the employee's treatment must be compared.
It shall be an affirmative defense to liability under this subsection that the harassing conduct does not rise above the level of what a reasonable Page 2 DRS45435-LRa-152A General Assembly Of North Carolina Session 2019 victim of discrimination with the same protected characteristic would consider petty slights or trivial inconveniences.
It shall be an affirmative defense to liability under this subsection that the harassing conduct does not rise above the level of what a reasonable Page 2 Senate Bill 786-First Edition General Assembly Of North Carolina Session 2019 victim of discrimination with the same protected characteristic would consider petty slights or trivial inconveniences.
DRS45435-LRa-152A Page 3 General Assembly Of North Carolina Session 2019 e.
Senate Bill 786-First Edition Page 3 General Assembly Of North Carolina Session 2019 e.
Page 4 DRS45435-LRa-152A General Assembly Of North Carolina Session 2019 a.
Page 4 Senate Bill 786-First Edition General Assembly Of North Carolina Session 2019 a.
DRS45435-LRa-152A Page 5 General Assembly Of North Carolina Session 2019 (1) The making or purchasing of loans or providing financial assistance (i) for purchasing, constructing, improving, repairing, or maintaining a dwelling, or (ii) where the security is residential real estate;
Senate Bill 786-First Edition Page 5 General Assembly Of North Carolina Session 2019 (1) The making or purchasing of loans or providing financial assistance (i) for purchasing, constructing, improving, repairing, or maintaining a dwelling, or (ii) where the security is residential real estate;
Page 6 DRS45435-LRa-152A General Assembly Of North Carolina Session 2019 (a) The provisions of G.S.
Page 6 Senate Bill 786-First Edition General Assembly Of North Carolina Session 2019 (a) The provisions of G.S.
99D-2(a)(3) or political affiliation if the employee believes that he or she has been discriminated against in his or her application for employment or in the terms and conditions ofthe employee'semployment,orin theterminationofhisorheremployment.
99D-2(a)(3) or political affiliation if the employee believes that he or she has been discriminated against in his or her application for employment or in the terms and conditions oftheemployee'semployment,orin theterminationofhisorheremployment.
However, in contested cases conducted pursuant to this section, an employee may appeal an DRS45435-LRa-152A Page 7 General Assembly Of North Carolina Session 2019 involuntary nondisciplinary separation due to an employee's unavailability in the same fashion as if it were a disciplinary action, but the agency shall only have the burden to prove that the employee was unavailable.
However, in contested cases conducted pursuant to this section, an employee may appeal an Senate Bill 786-First Edition Page 7 General Assembly Of North Carolina Session 2019 involuntary nondisciplinary separation due to an employee's unavailability in the same fashion as if it were a disciplinary action, but the agency shall only have the burden to prove that the employee was unavailable.
However, an employee may be suspended without warning pending the giving of written reasons in order to avoid undue disruption of work, to protect the safety of persons or property, or for other serious reasons.
However, an employee may be suspended without warning pending the giving of written reasons in order to avoid undue disruption of work, to protect the safetyof persons or property, or for other serious reasons.
Page 8 DRS45435-LRa-152A General Assembly Of North Carolina Session 2019 SECTION 15.
Page 8 Senate Bill 786-First Edition General Assembly Of North Carolina Session 2019 SECTION 15.
DRS45435-LRa-152A Page 9
Senate Bill 786-First Edition Page 9
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 178 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (178)

178 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 786?
SB 786 is sponsored by Kandie D. Smith (Democratic).
What is the current status of SB 786?
This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 786?
Track SB 786 free on One Click Politics — get push/email alerts when it moves.

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