§ 126-36. Appeal of unlawful State employment practice. - North Carolina Statutes

§126‑36.  Appeal of unlawful State employment practice.

(a)        Any State employeeor former State employee who has reason to believe that employment, promotion,training, or transfer was denied the employee or that demotion, layoff,transfer, or termination of employment was forced upon the employee inretaliation for opposition to alleged discrimination or because of theemployee's age, sex, race, color, national origin, religion, creed, politicalaffiliation, or handicapping condition as defined by G.S. 168A‑3 exceptwhere specific age, sex or physical requirements constitute a bona fideoccupational qualification necessary to proper and efficient administration,shall have the right to appeal directly to the State Personnel Commission.

(b)        Subject to the requirementsof G.S. 126‑34, any State employee or former State employee who hasreason to believe that the employee has been subjected to any of the followingshall have the right to appeal directly to the State Personnel Commission:

(1)        Harassment in the workplacebased upon age, sex, race, color, national origin, religion, creed, orhandicapping condition, whether the harassment is based upon the creation of ahostile work environment or upon a quid pro quo.

(2)        Retaliation foropposition to harassment in the workplace based upon age, sex, race, color,national origin, religion, creed, or handicapping condition, whether theharassment is based upon the creation of a hostile work environment or upon aquid pro quo. (1975, c. 667, s. 10; 1977, c. 866, ss. 13, 16; 1987,c. 320, s. 7; 1998‑135, s. 4.)