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HB 1206

Pregnant Workers Fairness Act/Funds.

2025-2026 Session Introduced by Eric Ager and 18 co-sponsors

The bill creates a statewide Pregnant Workers Fairness Act requiring reasonable accommodations for known pregnancy-related limits, with an interactive process and enforcement optio

Passed 1st Reading
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Bill Summary · HB 1206

Summary of HB 1206 (2025 Session) – North Carolina Pregnant Workers Fairness Act/Funds

Purpose and Intent

HB 1206 seeks to prevent discrimination against pregnant workers and promote women's health and economic security in North Carolina. The bill would enact the North Carolina Pregnant Workers Fairness Act, establishing a statewide framework for reasonable accommodations related to pregnancy, childbirth, and related medical conditions. It also provides initial funding to implement the new requirements.

Key Provisions

Creation of a New Protections Regime

  • New Article 24 – North Carolina Pregnant Workers Fairness Act added to Chapter 95 of the General Statutes, effective January 1, 2027.
  • Covered Entities and Employees
    • Covers private employers with 15+ employees that are engaged in commerce, plus the executive, judicial, and legislative branches of state government, and units of local government (counties, cities, towns).
    • Defines “employee” as any individual employed by a covered entity, including job applicants.
  • Definitions Related to Pregnancy-Related Limitations
    • Introduces “Known limitation” related to pregnancy, childbirth, or related medical conditions.
    • Defines “Qualified employee” and clarifies reasonable accommodations, incorporating the interactive process to identify suitable accommodations.
  • Reasonable Accommodations and Undue Hardship
    • Accommodations must be provided for known limitations related to pregnancy/related conditions unless they would impose an undue hardship on the operation of the business.
    • Requires engaging in an interactive process before imposing any accommodation.
    • Allows alternatives identified through the process; if an accommodation is equally effective and not an undue hardship, the employer must consider it.

Unlawful Employment Practices

  • Prohibits:
    • Failure to provide reasonable accommodations for known limitations due to pregnancy (unless undue hardship).
    • Imposing a specific accommodation without engaging in the interactive process.
    • Denying employment opportunities based on the need for accommodations.
    • Forcing leave (paid or unpaid) when a reasonable accommodation could address the limitation.
    • Adverse actions against employees for requesting or using accommodations.

Enforcement, Remedies, and Proceedings

  • Private Right of Action: Employees can sue in Superior Court for violations; related procedures align with existing remedies.
  • Remedies may include injunctive relief, back pay, compensatory damages, punitive damages when applicable, and attorney’s fees.
  • Statute of limitations for filing is three years; state employee procedures can toll this period during grievance processes.
  • State employees may bring actions in State Superior Court; sovereign immunity is preserved to the extent provided.

Rulemaking and Intergovernmental Coordination

  • The Commissioner of Labor would adopt implementing rules (consistent with ADA definitions and interactive process).
  • The Chief Justice and Legislative Service Officer will adopt policies to implement the Act for the judicial and legislative branches, respectively.

Relationship to Other Laws

  • The Act is cumulative with and does not supersede higher protections under other state or federal law (e.g., Article 49A of Chapter 143 and applicable federal law).

Funding and Effective Date

  • Funding appropriation: §95-283 authorizes a one-time General Fund appropriation of $600,000 for 2026-2027 to implement the Act.
    • $200,000 to the Department of Labor
    • $200,000 to the Administrative Office of Courts (judicial branch)
    • $200,000 to the Legislative Services Office (legislative branch)
  • Effective date milestones:
    • Provisions in the Act become effective January 1, 2027.
    • Administrative funding allocated July 1, 2026, to begin implementation.

Potential Impact

  • Expands pregnancy-related protections to a broad range of employers (private, state, and local government).
  • Establishes a formal process for accommodations, potentially improving workplace retention and health outcomes for pregnant employees.
  • Creates private enforcement options with potential damages, incentivizing compliance.
  • Requires interbranch coordination (labor, courts, legislature) and initial funding to operationalize the protections.

Compiled from official sources — confirm details with the bill’s official record.

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