N.C. Gen. Stat. » Chapter 126

N.C. Gen. Stat. § 126-85

Protection from retaliation

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(a) No head of any State department, agency, or institution or other State employee exercising supervisory authority shall discharge, threaten, or otherwise discriminate against a State employee regarding the State employee's compensation, terms, conditions, location, or privileges of employment because the State employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, any activity described in G.S. 126-84, unless the State employee knows or has reason to believe that the report is inaccurate.

(a1) No State employee shall retaliate against another State employee because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, any activity described in G.S. 126-84.

(b) No head of any State department, agency, or institution or other State employee exercising supervisory authority shall discharge, threaten, or otherwise discriminate against a State employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the State employee has refused to carry out a directive that in fact constitutes a violation of State or federal law, rule, or regulation or poses a substantial and specific danger to the public health and safety.

(b1) No State employee shall retaliate against another State employee because the employee has refused to carry out a directive that may constitute a violation of State or federal law, rule, or regulation or poses a substantial and specific danger to the public health and safety.

(c) The protections of this Article include State employees who report any activity described in G.S. 126-84 to the State Auditor as authorized by G.S. 147-64.6B, to the Joint Legislative Commission on Governmental Operations as authorized by G.S. 120-75.1, or to a legislative committee as required by G.S. 120-19.  (1989, c. 236, s. 1; 1997-520, s. 6; 2008-196, s. 2(b); 2008-215, s. 8; 2019-80, s. 2; 2021-180, s. 27.2(e); 2022-6, s. 15.1(b); 2025-25, s. 14(b).)

 

Notes of Decisions
Cited in 28 cases (1 in the last 5 years), 1992–2022 · leading case: Newberne v. DEPT. OF CRIME CONTROL
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Newberne v. DEPT. OF CRIME CONTROL (2005) nc · cites it 11× “First, the Whistleblower Act expressly provides that "any State employee injured by a violation of G.S. 126-85 may maintain an action in superior *212 court.”
Caudill v. Dellinger (1998) ncctapp · cites it 18× “Dellinger, a former district attorney, was sued in his official capacity for violating G.S. § 126-85, also known as the "whistleblower" statute.”
Newberne v. Department of Crime Control & Public Safety (2005) nc · cites it 11× “First, the Whistleblower Act expressly provides that “any State employee injured by a violation of G.S. 126-85 may maintain an action in superior court.”
Swain v. Elfland (2001) ncctapp · cites it 4× “Plaintiff filed the instant lawsuit on or about 2 December 1997 alleging: (1) violation of N.C. Gen. Stat. § 126-85 (1999), the “Whistleblower Act”; (2) wrongful discharge in violation of public policy and racial discrimination in violation of N.”
Kennedy v. Guilford Technical Community College (1994) ncctapp · cites it 7× “Plaintiff-employee filed an amended complaint in this action on 16 April 1992, claiming retaliation in violation of N.C. Gen. Stat. § 126-85 by defendant-employer following her reports of fellow-employee misuse and misappropriation of audio-visual (AV) equipment.”
Helm v. APPALACHIAN STATE UNIVERSITY (2008) ncctapp · cites it 15× “However, since plaintiff's allegations were sufficient to support her claim that she was engaged in a protected activity as defined by the Whistleblower Act, N.C. Gen.Stat. § 126-85 (2007), I respectfully dissent from the majority's holding that plaintiff failed to state a claim…”
Aune v. University of North Carolina at Chapel Hill (1995) ncctapp · cites it 8× “I North Carolina General Statute § 126-85, known as the “Whistleblower” Act (the Act) protects State employees who make reports of certain activities described in section 126-84 from retaliation by heads of “any State department, agency, or institution” or retaliation by any…”
Demurry v. North Carolina Department of Corrections (2009) ncctapp · cites it 5× “N.C. Gen. Stat. § 126-85 (a), (al) (2007).”
Hanton v. Gilbert (1997) ncctapp · cites it 5× “She alleged violation of her state and federal constitutional rights to procedural due process, violation of the state Whistleblower Act ( N.C. Gen. Stat. § 126-85 ) and defamation.”
Davis v. Durham Mental Health Developmental Disabilities Substance Abuse Area Authority (2004) ncmd · cites it 2× “Act provides, in pertinent part: No head of any State department, agency or institution or other State employee exercising supervisory authority shall discharge, threaten or otherwise discriminate against a State employee regarding the State employee’s compensation, terms,…”
Minneman v. Martin (1994) ncctapp · cites it 4× “” N.C. Gen. Stat. §§ 126-85 , to -86 (1993) (emphasis added).”
Brookshire v. North Carolina Department of Transportation (2006) ncctapp · cites it 4× “ead of any State department, agency or institution or other State employee exercising supervisory authority shall discharge, threaten or otherwise discriminate against a State employee regarding the State employee’s compensation, terms, conditions, location, or privileges of…”
Show all 28 citing cases →
— N.C. Gen. Stat. § 126-85(a) — 9 cases
Newberne v. DEPT. OF CRIME CONTROL (2005) nc “First, the Whistleblower Act expressly provides that "any State employee injured by a violation of G.S. 126-85 may maintain an action in superior *212 court.”
Newberne v. Department of Crime Control & Public Safety (2005) nc “First, the Whistleblower Act expressly provides that “any State employee injured by a violation of G.S. 126-85 may maintain an action in superior court.”
Caudill v. Dellinger (1998) ncctapp “Dellinger, a former district attorney, was sued in his official capacity for violating G.S. § 126-85, also known as the "whistleblower" statute.”
Aune v. University of North Carolina at Chapel Hill (1995) ncctapp “I North Carolina General Statute § 126-85, known as the “Whistleblower” Act (the Act) protects State employees who make reports of certain activities described in section 126-84 from retaliation by heads of “any State department, agency, or institution” or retaliation by any…”
Helm v. APPALACHIAN STATE UNIVERSITY (2008) ncctapp “However, since plaintiff's allegations were sufficient to support her claim that she was engaged in a protected activity as defined by the Whistleblower Act, N.C. Gen.Stat. § 126-85 (2007), I respectfully dissent from the majority's holding that plaintiff failed to state a claim…”
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