H 258

GENERAL ASSEMBLY OF NORTH CAROLINA
  SESSION 2025
  SESSION LAW 2026-13
  HOUSE BILL 258
AN ACT TO AMEND THE RETALIATORY EMPLOYMENT DISCRIMINATION ACT TO
  SPECIFY THE CONTENTS AND FILING METHODS FOR COMPLAINTS,
  AUTHORIZE RESPONDENTS TO SUBMIT POSITION STATEMENTS, CLARIFY THE
  TREATMENT OF EXTRANEOUS MATERIALS SUBMITTED WITH COMPLAINTS,
  AND PROVIDE FOR COMPUTATION OF TIME UNDER THAT ARTICLE.
The General Assembly of North Carolina enacts:
  SECTION 1. G.S. 95-242 reads as rewritten:
"§ 95-242. Complaint; investigation; conciliation.
     (a)     An employee allegedly aggrieved by a violation of G.S. 95-241 may file a written
complaint with the Commissioner of Labor alleging the violation. A complaint must contain all
of the following:
  (1)     The name, phone number, address, and email address, if known, of the
  complainant.
  (2)     The name and address of the respondent.
  (3)     The name, phone number, and email address, if known, of the human
  resources manager or other point of contact for the respondent.
  (4)     The name, phone number, and email address, if known, of the supervisor of
  the complainant at the time of the alleged retaliatory action.
  (5)     Identification of the protected activity listed in G.S. 95-241(a)(1) engaged in
  by the complainant prior to the alleged retaliatory action.
  (6)     Form 18 from any relevant workers' compensation claim, if one exists.
  (7)     A statement of the facts outlining the protected activity engaged in by the
  complainant prior to the alleged retaliatory action.
  (8)     A description of the alleged retaliatory action and any relevant facts known to
  plaintiff that would explain a legitimate, nondiscriminatory reason for the
  adverse employment action.
  (9)     The date of the most recent alleged retaliatory action.
  (10) The signature of the complainant.
     If the complaint is filed by anyone other than the complainant, except an attorney, the filer
shall submit a written authorization dated and signed by the complainant allowing the person to
file the complaint on the complainant's behalf. The complaint shall be filed through a form on
the Department's website, by mail, or by email within 180 days of the alleged violation. If a
complainant files a partial complaint within 180 days, the Department shall notify the
complainant of any deficiencies and the complainant shall have 30 days to submit a full
complaint. Within 20 days following receipt of the complaint, the Commissioner shall forward a
copy of the complaint full complaint to the person alleged to have committed the violation and
shall initiate an investigation. Any extraneous materials submitted along with the complaint shall
not be considered in the investigation and shall be destroyed. Notwithstanding G.S. 132-6 or any
other provision of law, extraneous materials shall not be deemed public records and shall not be
subject to inspection or examination. Within seven days of receipt of the complaint, the
  *H258-v-6*
respondent may submit a position statement outlining affirmative defenses. Nothing in this
subsection shall be construed to prevent the Commissioner from initiating an investigation prior
to receiving a response from the respondent. If the Commissioner determines after the
investigation that there is not reasonable cause to believe that the allegation is true, the
Commissioner shall dismiss the complaint, promptly notify the employee and the respondent,
and issue a right-to-sue letter to the employee that will enable the employee to bring a civil action
pursuant to G.S. 95-243. If the Commissioner determines after investigation that there is
reasonable cause to believe that the allegation is true, the Commissioner shall attempt to eliminate
the alleged violation by informal methods which may consist of conference, conciliation, and
persuasion. The Commissioner shall make a determination as soon as possible and, in any event,
not later than 90 days after the filing of the complaint.
    …."
  SECTION 2. Article 21 of Chapter 95 of the General Statutes is amended by adding
a new section to read:
"§ 95-246. Computation of time.
    Computation of time under this Article shall be in accordance with G.S. 1A-1, Rule 6."
  SECTION 3. This act is effective when it becomes law.
  In the General Assembly read three times and ratified this the 17th day of June, 2026.
  s/ Rachel Hunt
  President of the Senate
  s/ Mitchell S. Setzer
  Speaker Pro Tempore of the House of
  Representatives
  s/ Josh Stein
  Governor
Approved 3:25 p.m. this 22nd day of June, 2026
Page 2  Session Law 2026-13  House Bill 258