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NC General Statutes

N.C. Gen. Stat. § 95-240 (2026)

Definitions

✓ current as of July 2026
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The following definitions apply in this Article:

(1) "Person" means any individual, partnership, association, corporation, business trust, legal representative, the State, a city, town, county, municipality, local agency, or other entity of government.

(2) "Retaliatory action" means the discharge, suspension, demotion, retaliatory relocation of an employee, or other adverse employment action taken against an employee in the terms, conditions, privileges, and benefits of employment. (1991 (Reg. Sess., 1992), c. 1021, s. 1.)

 

Notes of Decisions
Cited in 55 cases (21 in the last 5 years), 1996–2025 · leading case: Johnson v. Trs. of Durham Technical Cmty. Coll., 535 S.E.2d 357 (N.C. Ct. App. 2000).
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Johnson v. Trs. of Durham Technical Cmty. Coll., 535 S.E.2d 357 (N.C. Ct. App. 2000). · cites it 7× “In pertinent part, the Act provides: (a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any of the following: (1) File a claim or complaint, initiate any inquiry, investigation,…”
Pierce v. Atl. Grp., Inc., 724 S.E.2d 568 (N.C. Ct. App. 2012). · cites it 4× “” N.C. Gen. Stat. § 95-240 (2) (2011). “If plaintiff presents a prima facie case of retaliatory discrimination, then the burden shifts to the defendant to show that he ‘would have taken the same unfavorable action in the absence of the protected activity of the employee.”
Wiley v. United Parcel Serv., Inc., 594 S.E.2d 809 (N.C. Ct. App. 2004). · cites it 4× “N.C. Gen. Stat. §§ 95-240 to -245 (2003).”
Harris v. Blue Ridge Health Servs., Inc., 388 F. Supp. 3d 633 (M.D.N.C. 2019). · cites it 2× “, and the North Carolina Retaliatory Employment Discrimination Act ("REDA"), N.C. Gen. Stat. § 95-240 et seq. The motion will be denied as to Plaintiffs' claim under Title VII of the Civil Rights Act of 1964, 42 U.”
Smith v. Comput. Task Grp., Inc., 568 F. Supp. 2d 603 (M.D.N.C. 2008). · cites it 4× “REDA broadly defines “retaliatory action" to include "the discharge, suspension, demotion, retaliatory relocation of an employee, or other adverse employment action taken against an employee in the terms, conditions, privileges, and benefits of employment.”
Skinner v. Quintiles Transnational Corp., 606 S.E.2d 191 (N.C. Ct. App. 2004). · cites it 4× “Plaintiff immediately went to the North Carolina Department of Labor to file an employment discrimination complaint under North Carolina's Retaliatory Employment Discrimination Act ("REDA"), N.C. Gen.Stat. § 95-240, et seq. (2003). An investigator for the Department of Labor…”
Salter v. E & J Healthcare, Inc., 575 S.E.2d 46 (N.C. Ct. App. 2003). · cites it 2× “Plaintiff contends that the trial court erred in granting summary judgment to defendant because genuine issues of material fact existed as to whether defendant took retaliatory action against her because she filed a workers’ compensation claim, in violation of REDA, N.C. Gen.…”
Johnson v. Bd. of Trs. of Durham Technical Cmty. Coll., 577 S.E.2d 670 (N.C. Ct. App. 2003). · cites it 4× “Plaintiff filed discrimination charges against defendant with the North Carolina Department of Labor under the North Carolina Retaliatory Employment Discrimination Act (“REDA”), N.C. Gen. Stat. § 95-240 , et seq. (2001), and with the Equal Employment *42 Opportunity Commission…”
Whitings v. Wolfson Casing Corp., 618 S.E.2d 750 (N.C. Ct. App. 2005). · cites it 2× “Plaintiff alleged two causes of action: (1) violation of N.C. Gen. Stat. § 95-240 et seq., the North Carolina Retaliatory Employment Discrimination Act (REDA); and (2) wrongful discharge in violation of North Carolina public policy protecting employees against retaliatory…”
Tuan H. Nguyen v. Austin Quality Foods, Inc., 974 F. Supp. 2d 879 (E.D.N.C. 2013). · cites it 4× “With respect to the date on which Plaintiff suffered an adverse employment action, Plaintiff suggests it is the date on which Plaintiff was suspended, whereas Defendant suggests it is the date on which Plaintiffs employment was terminated.”
Tarrant v. Freeway Foods of Greensboro, Inc., 593 S.E.2d 808 (N.C. Ct. App. 2004). · cites it 2× “N.C. Gen. Stat. § 95-240 , et. seq. (2003).”
White v. Cochran, 748 S.E.2d 334 (N.C. Ct. App. 2013). · cites it 2× “On 5 June 2009, Plaintiff filed a complaint with the North Carolina Department of Labor in which she alleged that she had been wrongfully terminated from her employment for seeking workers’ compensation benefits in violation of N.C. Gen. Stat. § 95-240 , et seq. On the same…”
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— N.C. Gen. Stat. § 95-240(2) — 3 cases
Smith v. Comput. Task Grp., Inc., 568 F. Supp. 2d 603 (M.D.N.C. 2008). “REDA broadly defines “retaliatory action" to include "the discharge, suspension, demotion, retaliatory relocation of an employee, or other adverse employment action taken against an employee in the terms, conditions, privileges, and benefits of employment.”
Johnson v. Trs. of Durham Technical Cmty. Coll., 535 S.E.2d 357 (N.C. Ct. App. 2000). “In pertinent part, the Act provides: (a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any of the following: (1) File a claim or complaint, initiate any inquiry, investigation,…”
Webb v. K.R. Drenth Trucking, Inc., 780 F. Supp. 2d 409 (W.D.N.C. 2011).
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