AN ACT to protect employees from forced human microchip implantation.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 3 of Chapter 95 of the General Statutes is amended by adding a new section to read:

§ 95‑28.1B.  Microchip implantation of employees.

(a)        The following definitions apply in this section:

(1)        Coerce. – Includes the following:

a.         The use of physical violence, a threat, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

b.         The conditioning of a private or public benefit, including, without limitation, employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

c.         The use of any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(2)        Employee. – A person who is employed by an employer, or who contracts to perform certain work away from an employer's premises, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the results of performed work.

(3)        Employer. – An individual, partnership, association, corporation, commercial entity, the State, or a local political subdivision of the State, or a person or a group that acts directly or indirectly in the interest of or in relation to an individual, partnership, association, corporation, commercial entity, the State, or a local political subdivision of the State.

(4)        Microchip. – Technology that is designed to be implanted in the body of an individual and contains a unique identification number or personal information that can be noninvasively retrieved or transmitted with an external scanning device.

(b)        An employer shall not ask on an application for employment or inquire during an interview if a prospective employee will consent to having a microchip implanted in his or her body.

(c)        An employer shall not require an employee to have a microchip implanted in the employee's body as a condition of employment.

(d)       An employer shall provide reasonable accommodations for an employee who does not consent to having a microchip implanted in his or her body.

(e)        An employer shall not do any of the following:

(1)        Coerce an employee into consenting to have a microchip implanted in his or her body.

(2)        Create a hostile work environment for an employee who does not consent to having a microchip implanted in his or her body.

(3)        Withhold advancement within the company from an employee who does not consent to having a microchip implanted in his or her body.

(4)        Withhold a salary or wage increase from an employee who does not consent to having a microchip implanted in his or her body.

(5)        Dismiss an employee based on the decision of the employee not to consent to having a microchip implanted in his or her body.

(f)        A microchip may be implanted in an employee's body at the request of an employer if the employee provides the employer with written consent. An employee may request the removal of the microchip at any time. If an employee requests the removal of the microchip, the microchip implant shall be removed within 30 days of the employee's request.

(g)        If an employee receives a microchip implant at the request of an employer, the employer shall do all of the following:

(1)        Pay all the costs associated with implanting and removing the microchip.

(2)        Pay all the medical costs incurred by the employee as a result of any bodily injury to the employee caused by the implantation of the microchip or the presence of the microchip in the employee's body.

(3)        Disclose to the employee the data that will be maintained on the microchip and how the data that is maintained on the microchip will be used by the employer.

(h)        If an employee is terminated from employment, the microchip implant shall be removed from the employee's body within 30 days of the employee's termination. However, an employee may elect to retain an implanted microchip after the termination of the employee's employment. If an employee elects to retain an implanted microchip after termination of employment, the employee assumes responsibility for all costs associated with the microchip and subsection (g) of this section shall not apply.

(i)         Nothing in this section prohibits an employer from using alternative noninvasive technology that is intended to track the movement of an employee.

SECTION 2.  G.S. 95‑241(a)(1) reads as rewritten:

(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, inspection, proceeding or other action, or testify or provide information to any person with respect to any of the following:

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f.          G.S. 95‑28.1A.G.S. 95‑28.1A or G.S. 95‑28.1B.

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SECTION 3.  This act is effective when it becomes law and applies to employers, employees, and prospective employees on and after that date.