§ 127A-202.1. Discrimination against persons who serve in the North Carolina National Guard and acts of reprisal prohibited. - North Carolina Statutes

§ 127A‑202.1. Discrimination against persons who serve in the North Carolina National Guardand acts of reprisal prohibited.

(a)        It is the policy ofthis State that all individuals shall be afforded the right to perform, applyto perform, or have an obligation to perform service in the North CarolinaNational Guard without fear of discrimination or retaliatory action from theiremployer or prospective employer on the basis of that membership, applicationfor membership, performance of service, application for service, or obligation.

(b)        An individual whois a member of the North Carolina National Guard who performs, has performed,applies to perform, or has an obligation to perform service in the NorthCarolina National Guard shall not be denied initial employment, reemployment,retention in employment, promotion, or any benefit of employment by an employeron the basis of that membership, application for membership, performance ofservice, application for service, or obligation.

(c)        A person shall beconsidered to have denied a member of the North Carolina National Guard initialemployment, reemployment, retention in employment, promotion, or a benefit ofemployment in violation of this section if the member's membership, applicationfor membership, performance of service, application for service, or obligationfor service in the North Carolina National Guard is a motivating factor in thatperson's action, unless the person can prove by the greater weight of theevidence that the same unfavorable action would have taken place in the absenceof the member's membership, application for membership, performance of service,application for service, or obligation.

(d)        Nothing in thissection shall be construed to require a person to pay salary or wages to amember of the North Carolina National Guard during the member's period ofactive service.

(e)        The Commissioner ofLabor shall enforce the provisions of this section according to Article 21 ofChapter 95 of the General Statutes, including the rules and regulations issuedpursuant to that Article.

(f)         This section shallalso apply when a member of the North Carolina National Guard is called intoactive duty at the direction of the President, the Governor, or by any othercompetent authority. (1997‑153, s. 1; 2004‑130, s. 3.)