HB 493 — General Assembly / Safe Workplace Policies (Safe Workplace Act)
Status and timing
- Enacted (signed by the Governor in June 2025). Effective date: September 1, 2025.
- Appropriation: $250,000 total (allocated to the Legislative Services Commission) for FY 2025–26 and FY 2026–27 to implement the bill.
Purpose and intent
- Establish a confidential, standardized process for reporting, investigating, and resolving sexual harassment and other improper workplace behavior within the legislative branch.
- Require prevention training, clear sanctions, and independent investigative capacity so that legislative workplaces are safer, more transparent, and accountable.
Scope / who is covered
- Applies to members of the General Assembly (legislators), legislative officers, regular and temporary legislative employees, unpaid volunteers, and pages.
- Covers conduct that occurs on legislative premises and at legislature‑sponsored events, professional meetings, seminars, or other activities involving legislative business.
Key provisions
1. New statutory Article — “Safe Workplace Act” (adds Article 7E to Chapter 120)
- Legislative findings emphasizing early reporting, prompt intervention, and protection from retaliation.
Mandatory policies and training (G.S. 120‑36.26)
- The Legislative Services Commission (LSC) and Legislative Ethics Committee (LEC) must jointly develop, adopt and implement “zero tolerance” policies for sexual harassment, abuse, misconduct, gender bias, and other improper workplace behavior.
- Policies must be completed and incorporated into chamber rules no later than December 31, 2025 (statutory target in the bill).
- Require mandatory annual ethics/harassment‑prevention training for all covered persons.
- Policies must include clear, effective sanctions and a complaint/investigation process.
Reporting and investigation (G.S. 120‑36.27)
- Complainants may raise concerns with the head of Legislative HR, an independent third party (contracted by LSC), or designated chamber contacts.
- Informal resolution is encouraged first; unresolved matters are referred to the independent third party for investigation.
- Investigations and related information are to be kept confidential to the greatest extent possible; confidentiality obligations apply to witnesses and investigators.
- Anti‑retaliation protections: adverse actions taken in retaliation for reporting or participating in investigations are prohibited and subject to discipline.
Independent third‑party investigator (G.S. 120‑36.28)
- LSC must contract with an independent third party to provide confidential advice, investigative support, and to conduct investigations.
Resolution, remedies, and sanctions (G.S. 120‑36.29)
- If investigations substantiate violations, prompt remedial action must be taken (training, counseling, corrections).
- Disciplinary options for non‑legislators: warnings, reprimands, withheld promotion/pay, reassignment, suspension without pay, termination, etc.
- Disciplinary options for legislators: warning, reprimand, reassignment, expulsion, or other actions consistent with the State Constitution.
Appeals (G.S. 120‑36.30)
- A party may appeal an investigation resolution to the appropriate Presiding Officer within 10 days; the Presiding Officer (or designee) must decide within 45 days.
Fiscal impact / implementation funding
- $250,000 appropriation to the LSC (across two fiscal years) to stand up required infrastructure — e.g., contracting for independent services, training materials, initial program implementation and administration. (The bill text specifies the appropriation; agency budget details may allocate the funds to training, materials, contracting, and operational startup.)
Potential impacts
- For legislators and legislative staff: establishes mandatory training, reporting avenues, and a uniform investigative/resolution process.
- For the legislature as an institution: increases oversight and independent investigative capacity and creates a formal anti‑harassment enforcement mechanism; may require administrative staffing, contractor engagement, and process changes.
- For complainants and witnesses: provides confidentiality safeguards and anti‑retaliation protections and an independent avenue for investigations.
Procedural notes
- The bill creates statutory duties for LSC and LEC; requires contracting for an independent third party; sets deadlines for policy adoption and requires annual training going forward.
- Appeals are handled internally by Presiding Officers with specified timelines.
If you want, I can:
- Extract and format the exact statutory text added by each subsection; or
- Produce a one‑page quick reference for legislators and staff summarizing the reporting steps, confidentiality rules, and timelines.
