| 45 | | - | (9) The United States government should be violently overthrown. 33 General Assembly Of North Carolina Session 2025 |
|---|
| 46 | | - | Page 2 House Bill 799-First Edition |
|---|
| 47 | | - | (10) Particular character traits, values, moral or ethical codes, privileges, or beliefs 1 |
|---|
| 48 | | - | should be ascribed to a race or sex or to an individual because of the 2 |
|---|
| 49 | | - | individual's race or sex. 3 |
|---|
| 50 | | - | (11) The rule of law does not exist, but instead is a series of power relationships 4 |
|---|
| 51 | | - | and struggles among racial or other groups. 5 |
|---|
| 52 | | - | (12) All Americans are not created equal and are not endowed by their Creator with 6 |
|---|
| 53 | | - | certain unalienable rights, including life, liberty, and the pursuit of happiness. 7 |
|---|
| 54 | | - | (13) Governments should deny to any person within the government's jurisdiction 8 |
|---|
| 55 | | - | the equal protection of the law. 9 |
|---|
| 56 | | - | (c) The concepts listed in this subsection shall not be promoted in State government 10 |
|---|
| 57 | | - | workplaces or included as part of any State employee training program, to wit that: one race, 11 |
|---|
| 58 | | - | religion, ethnicity, or sex is inherently superior to another race, religion, ethnicity, or sex; an 12 |
|---|
| 59 | | - | individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 13 |
|---|
| 60 | | - | oppressive, or inherently victimized; an individual should be discriminated against, receive 14 |
|---|
| 61 | | - | adverse treatment, or receive favored treatment solely or partly because of his or her race, 15 |
|---|
| 62 | | - | religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 16 |
|---|
| 63 | | - | race, religion, ethnicity, or sex; an individual, solely by virtue of his or her race, religion, 17 |
|---|
| 64 | | - | ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 18 |
|---|
| 65 | | - | same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 19 |
|---|
| 66 | | - | ethnicity, or sex, should feel entitlement or feel discomfort, guilt, anguish, or any other form of 20 |
|---|
| 67 | | - | psychological distress; a meritocracy is inherently racist or sexist; the United States was created 21 |
|---|
| 68 | | - | by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 22 |
|---|
| 69 | | - | of another race, religion, ethnicity, or sex; the United States government should be violently 23 |
|---|
| 70 | | - | overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 24 |
|---|
| 71 | | - | should be ascribed to a race, religion, ethnicity, or sex or to an individual because of the 25 |
|---|
| 72 | | - | individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 26 |
|---|
| 73 | | - | of power relationships and struggles among racial, religious, ethnic, or other groups; all 27 |
|---|
| 74 | | - | Americans are not created equal and are not endowed by their Creator with certain unalienable 28 |
|---|
| 75 | | - | rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 29 |
|---|
| 76 | | - | person within the government's jurisdiction the equal protection of the law. 30 |
|---|
| 77 | | - | (d) Nothing in this section prevents a private contractor who provides training to State 31 |
|---|
| 78 | | - | employees from responding to questions that are raised by participants in the training and which 32 |
|---|
| 79 | | - | pertain to the concepts in subsection (c) of this section. However, the private contractor must 33 |
|---|
| 80 | | - | make it clear that the government employer does not endorse those concepts. 34 |
|---|
| 81 | | - | (e) This section does not apply to speech protected by the First Amendment of the U.S. 35 |
|---|
| 82 | | - | Constitution. 36 |
|---|
| 83 | | - | (f) A violation of this section constitutes employment discrimination." 37 |
|---|
| 84 | | - | SECTION 1.(b) G.S. 126-34.02(b) reads as rewritten: 38 |
|---|
| 85 | | - | "(b) The following issues may be heard as contested cases after completion of the agency 39 |
|---|
| 86 | | - | grievance procedure and the Office of State Human Resources review: 40 |
|---|
| 87 | | - | (1) Discrimination or harassment. – An applicant for State employment, a State 41 |
|---|
| 88 | | - | employee, or former State employee may allege discrimination or harassment 42 |
|---|
| 89 | | - | based on race, religion, color, ethnicity, national origin, sex, age, disability, 43 |
|---|
| 90 | | - | genetic information, or political affiliation if the employee believes that he or 44 |
|---|
| 91 | | - | she has been discriminated against in his or her application for employment 45 |
|---|
| 92 | | - | or in the terms and conditions of the employee's employment, or in the 46 |
|---|
| 93 | | - | termination of his or her employment. A violation of G.S. 126-14.6 constitutes 47 |
|---|
| 94 | | - | employment discrimination under this subsection. 48 |
|---|
| 95 | | - | …." 49 |
|---|
| 96 | | - | SECTION 2. Part 4 of Article 7 of Chapter 160A of the General Statutes is amended 50 |
|---|
| 97 | | - | by adding the following new sections to read: 51 General Assembly Of North Carolina Session 2025 |
|---|
| 98 | | - | House Bill 799-First Edition Page 3 |
|---|
| 99 | | - | "§ 160A-170. Compelled speech prohibited. 1 |
|---|
| 100 | | - | (a) Each city agency and department shall comply with the following: 2 |
|---|
| 101 | | - | (1) Refrain from soliciting or requiring an applicant for employment to endorse 3 |
|---|
| 102 | | - | or opine about beliefs, affiliations, ideals, or principles regarding matters of 4 |
|---|
| 103 | | - | contemporary political debate or social action as a condition of employment. 5 |
|---|
| 104 | | - | (2) Refrain from soliciting or requiring an applicant for employment to describe 6 |
|---|
| 105 | | - | the applicant's actions in support of, or in opposition to, the beliefs, 7 |
|---|
| 106 | | - | affiliations, ideals, or principles identified in subdivision (1) of this 8 |
|---|
| 107 | | - | subsection. 9 |
|---|
| 108 | | - | (b) Nothing in subsection (a) of this section shall infringe on the ability of an applicant 10 |
|---|
| 109 | | - | for employment to voluntarily opine or speak regarding any matter, including matters of 11 |
|---|
| 110 | | - | contemporary political debate or social action. 12 |
|---|
| 111 | | - | (c) No application for employment shall inquire into matters prohibited as compelled 13 |
|---|
| 112 | | - | speech under this section. 14 |
|---|
| 113 | | - | (d) Nothing in this section shall be construed to: 15 |
|---|
| 114 | | - | (1) Prohibit discussion with or questions to an applicant regarding the content of 16 |
|---|
| 115 | | - | the applicant's resume, curriculum vitae, or other written work or oral remarks. 17 |
|---|
| 116 | | - | (2) Affect the ability of the prospective employing agency from complying with 18 |
|---|
| 117 | | - | applicable federal or State law, including employment oaths, appointment 19 |
|---|
| 118 | | - | affidavits, and licensure and certification requirements. 20 |
|---|
| 119 | | - | (3) Apply to speech protected by the First Amendment of the U.S. Constitution. 21 |
|---|
| 120 | | - | "§ 160A-170.1. Ensuring dignity and nondiscrimination in municipal government 22 |
|---|
| 121 | | - | workplaces. 23 |
|---|
| 122 | | - | (a) The General Assembly finds that Article I, Section 1 of the Constitution of this State 24 |
|---|
| 123 | | - | recognizes the equality and rights of all persons. Therefore, it is the intent of the General 25 |
|---|
| 124 | | - | Assembly that city employees respect the dignity of others, acknowledge the right of others to 26 |
|---|
| 125 | | - | express differing opinions, and the right to freedom of speech and association and that municipal 27 |
|---|
| 126 | | - | agencies employ training methods and procedures to further that intent. 28 |
|---|
| 127 | | - | (b) For the purposes of this section, "promote" shall mean compelling city employees or 29 |
|---|
| 128 | | - | contractors to affirm or profess belief in the concepts described in subsection (c) of this section. 30 |
|---|
| 129 | | - | (c) The concepts listed in this subsection shall not be promoted in city government 31 |
|---|
| 130 | | - | workplaces or included as part of any city employee training program, to wit that: one race, 32 |
|---|
| 131 | | - | religion, ethnicity, or sex is inherently superior to another race, religion, ethnicity, or sex; an 33 |
|---|
| 132 | | - | individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 34 |
|---|
| 133 | | - | oppressive, or inherently victimized; an individual should be discriminated against, receive 35 |
|---|
| 134 | | - | adverse treatment, or receive favored treatment solely or partly because of his or her race, 36 |
|---|
| 135 | | - | religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 37 |
|---|
| 136 | | - | race, religion, ethnicity, or sex; an individual, solely by virtue of his or her race, religion, 38 |
|---|
| 137 | | - | ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 39 |
|---|
| 138 | | - | same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 40 |
|---|
| 139 | | - | ethnicity, or sex, should feel entitlement or feel discomfort, guilt, anguish, or any other form of 41 |
|---|
| 140 | | - | psychological distress; a meritocracy is inherently racist or sexist; the United States was created 42 |
|---|
| 141 | | - | by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 43 |
|---|
| 142 | | - | of another race, religion, ethnicity, or sex; the United States government should be violently 44 |
|---|
| 143 | | - | overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 45 |
|---|
| 144 | | - | should be ascribed to a race, religion, ethnicity, or sex or to an individual because of the 46 |
|---|
| 145 | | - | individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 47 |
|---|
| 146 | | - | of power relationships and struggles among racial, religious, ethnic, or other groups; all 48 |
|---|
| 147 | | - | Americans are not created equal and are not endowed by their Creator with certain unalienable 49 |
|---|
| 148 | | - | rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 50 |
|---|
| 149 | | - | person within the government's jurisdiction the equal protection of the law. 51 General Assembly Of North Carolina Session 2025 |
|---|
| 150 | | - | Page 4 House Bill 799-First Edition |
|---|
| 151 | | - | (d) Nothing in this section prevents a private contractor who provides training to 1 |
|---|
| 152 | | - | municipal employees from responding to questions that are raised by participants in the training 2 |
|---|
| 153 | | - | and which pertain to the concepts in subsection (c) of this section. However, the private 3 |
|---|
| 154 | | - | contractor must make it clear that the government employer does not endorse those concepts. 4 |
|---|
| 155 | | - | (e) This section does not apply to speech protected by the First Amendment of the U.S. 5 |
|---|
| 156 | | - | Constitution. 6 |
|---|
| 157 | | - | (f) Employee hiring, promotion, and training shall be without regard to race, religion, 7 |
|---|
| 158 | | - | ethnicity, and sex, and applications for employment shall not inquire about race. 8 |
|---|
| 159 | | - | (g) A violation of this section constitutes employment discrimination." 9 |
|---|
| 160 | | - | SECTION 3. Part 4 of Article 5 of Chapter 153A of the General Statutes is amended 10 |
|---|
| 161 | | - | by adding the following new sections to read: 11 |
|---|
| 162 | | - | "§ 153A-100. Compelled speech prohibited. 12 |
|---|
| 163 | | - | (a) Each county agency and department shall comply with the following: 13 |
|---|
| 164 | | - | (1) Refrain from soliciting or requiring an applicant for employment to endorse 14 |
|---|
| 165 | | - | or opine about beliefs, affiliations, ideals, or principles regarding matters of 15 |
|---|
| 166 | | - | contemporary political debate or social action as a condition of employment. 16 |
|---|
| 167 | | - | (2) Refrain from soliciting or requiring an applicant for employment to describe 17 |
|---|
| 168 | | - | the applicant's actions in support of, or in opposition to, the beliefs, 18 |
|---|
| 169 | | - | affiliations, ideals, or principles identified in subdivision (1) of this 19 |
|---|
| 170 | | - | subsection. 20 |
|---|
| 171 | | - | (b) Nothing in subsection (a) of this section shall infringe on the ability of an applicant 21 |
|---|
| 172 | | - | for employment to voluntarily opine or speak regarding any matter, including matters of 22 |
|---|
| 173 | | - | contemporary political debate or social action. 23 |
|---|
| 174 | | - | (c) No application for employment shall inquire into matters prohibited as compelled 24 |
|---|
| 175 | | - | speech under this section. 25 |
|---|
| 176 | | - | (d) Nothing in this section shall be construed to: 26 |
|---|
| 177 | | - | (1) Prohibit discussion with or questions to an applicant regarding the content of 27 |
|---|
| 178 | | - | the applicant's resume, curriculum vitae, or other written work or oral remarks. 28 |
|---|
| 179 | | - | (2) Affect the ability of the prospective employing agency from complying with 29 |
|---|
| 180 | | - | applicable federal or State law, including employment oaths, appointment 30 |
|---|
| 181 | | - | affidavits, and licensure and certification requirements. 31 |
|---|
| 182 | | - | (3) Apply to speech protected by the First Amendment of the U.S. Constitution. 32 |
|---|
| 183 | | - | (e) A violation of this section constitutes employment discrimination. 33 |
|---|
| 184 | | - | "§ 153A-100.1. Ensuring dignity and nondiscrimination in county government workplaces. 34 |
|---|
| 185 | | - | (a) The General Assembly finds that Article I, Section 1 of the Constitution of this State 35 |
|---|
| 186 | | - | recognizes the equality and rights of all persons. Therefore, it is the intent of the General 36 |
|---|
| 187 | | - | Assembly that county employees respect the dignity of others, acknowledge the right of others 37 |
|---|
| 188 | | - | to express differing opinions, and the right to freedom of speech and association and that county 38 |
|---|
| 189 | | - | agencies employ training methods and procedures to further that intent. 39 |
|---|
| 190 | | - | (b) For the purposes of this section, "promote" shall mean compelling county employees 40 |
|---|
| 191 | | - | or contractors to affirm or profess belief in the concepts described in subsection (c) of this section. 41 |
|---|
| 192 | | - | (c) The concepts listed in this subsection shall not be promoted in county government 42 |
|---|
| 193 | | - | workplaces or included as part of any county employee training program, to wit that: one race, 43 |
|---|
| 194 | | - | religion, ethnicity, or sex is inherently superior to another race, religion, ethnicity, or sex; an 44 |
|---|
| 195 | | - | individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 45 |
|---|
| 196 | | - | oppressive, or inherently victimized; an individual should be discriminated against, receive 46 |
|---|
| 197 | | - | adverse treatment, or receive favored treatment solely or partly because of his or her race, 47 |
|---|
| 198 | | - | religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 48 |
|---|
| 199 | | - | race, religion, ethnicity, or sex; an individual, solely by virtue of his or her race, religion, 49 |
|---|
| 200 | | - | ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 50 |
|---|
| 201 | | - | same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 51 General Assembly Of North Carolina Session 2025 |
|---|
| 202 | | - | House Bill 799-First Edition Page 5 |
|---|
| 203 | | - | ethnicity, or sex, should feel entitlement or feel discomfort, guilt, anguish, or any other form of 1 |
|---|
| 204 | | - | psychological distress; a meritocracy is inherently racist or sexist; the United States was created 2 |
|---|
| 205 | | - | by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 3 |
|---|
| 206 | | - | of another race, religion, ethnicity, or sex; the United States government should be violently 4 |
|---|
| 207 | | - | overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 5 |
|---|
| 208 | | - | should be ascribed to a race, religion, ethnicity, or sex or to an individual because of the 6 |
|---|
| 209 | | - | individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 7 |
|---|
| 210 | | - | of power relationships and struggles among racial, religious, ethnic, or other groups; all 8 |
|---|
| 211 | | - | Americans are not created equal and are not endowed by their Creator with certain unalienable 9 |
|---|
| 212 | | - | rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 10 |
|---|
| 213 | | - | person within the government's jurisdiction the equal protection of the law. 11 |
|---|
| 214 | | - | (d) Nothing in this section prevents a private contractor who provides training to county 12 |
|---|
| 215 | | - | employees from responding to questions that are raised by participants in the training and which 13 |
|---|
| 216 | | - | pertain to the concepts in subsection (c) of this section. However, the private contractor must 14 |
|---|
| 217 | | - | make it clear that the government employer does not endorse those concepts. 15 |
|---|
| 218 | | - | (e) This section does not apply to speech protected by the First Amendment of the U.S. 16 |
|---|
| 219 | | - | Constitution. 17 |
|---|
| 220 | | - | (f) Employee hiring, promotion, and training shall be without regard to race, religion, 18 |
|---|
| 221 | | - | ethnicity, or sex, and applications for employment shall not inquire about race. 19 |
|---|
| 222 | | - | (g) A violation of this section constitutes employment discrimination." 20 |
|---|
| 223 | | - | SECTION 4. Article 10 of Chapter 143 of the General Statutes is amended by adding 21 |
|---|
| 224 | | - | a new section to read: 22 |
|---|
| 225 | | - | "§ 143-162.8. No public funds for discriminatory programs. 23 |
|---|
| 226 | | - | (a) No State agency, unit of local government, or non-State entity may use any State 24 |
|---|
| 227 | | - | funds or public monies to promote, support, fund, implement, or maintain discriminatory 25 |
|---|
| 228 | | - | programs. For the purposes of this section, a "discriminatory program" means a program 26 |
|---|
| 229 | | - | promoting the concepts listed in subsection (c) of G.S. 153A-100.1. 27 |
|---|
| 230 | | - | (b) No State agency, unit of local government, or non-State entity shall apply for, accept, 28 |
|---|
| 231 | | - | or utilize federal funds, grants, or other financial assistance that require compliance with 29 |
|---|
| 232 | | - | discriminatory programs. Any existing programs funded through such means shall be 30 |
|---|
| 233 | | - | discontinued unless continued participation is expressly required by federal law. 31 |
|---|
| 234 | | - | (c) The following definitions apply in this section: 32 |
|---|
| 235 | | - | (1) Non-State entity. – As defined in G.S. 143C-1-1. 33 |
|---|
| 236 | | - | (2) Public monies. – Funds from any source budgeted or expended by a local 34 |
|---|
| 237 | | - | political subdivision of the State, including, but not limited to, revenue 35 |
|---|
| 238 | | - | authorized by G.S. 153A-149 or G.S. 160A-209. 36 |
|---|
| 239 | | - | (3) State agency. – A unit of the executive, legislative, or judicial branch of State 37 |
|---|
| 240 | | - | government, such as a department, institution, division, commission, board, 38 |
|---|
| 241 | | - | council, community college, or The University of North Carolina system. 39 |
|---|
| 242 | | - | (4) State funds. – As defined in G.S. 143C-1-1. The term includes any monies 40 |
|---|
| 243 | | - | received or held by a constituent institution of The University of North 41 |
|---|
| 244 | | - | Carolina, including endowment funds as defined in G.S. 116-36 and 42 |
|---|
| 245 | | - | institutional trust funds as defined in G.S. 116-36.1. 43 |
|---|
| 246 | | - | (5) Unit of local government. – As defined in G.S. 143C-1-1. 44 |
|---|
| 247 | | - | (d) The prohibitions contained in subsections (a) and (b) of this section include, but are 45 |
|---|
| 248 | | - | not limited to, using State funds or public monies to do any of the following: 46 |
|---|
| 249 | | - | (1) Utilize discriminatory programs in employee hirings, trainings, or 47 |
|---|
| 250 | | - | promotions; admissions; or the awarding of contracts. 48 |
|---|
| 251 | | - | (2) Maintain offices or dedicated staff positions (whether permanent, 49 |
|---|
| 252 | | - | time-limited, full-time, part-time, or temporary) for discriminatory programs. 50 General Assembly Of North Carolina Session 2025 |
|---|
| 253 | | - | Page 6 House Bill 799-First Edition |
|---|
| 254 | | - | (e) Nothing in this section shall be construed to conflict with, restrict, limit, or infringe 1 |
|---|
| 255 | | - | upon speech protected by the First Amendment of the U.S. Constitution. 2 |
|---|
| 256 | | - | (f) Nothing in this section shall be construed to conflict with or prohibit compliance with 3 |
|---|
| 257 | | - | Title IX of the Education Amendments of 1972, as amended; the Americans with Disabilities 4 |
|---|
| 258 | | - | Act, as amended; the Age Discrimination in Employment Act, as amended; Title VI of the Civil 5 |
|---|
| 259 | | - | Rights Act of 1964; or other applicable State or federal law. 6 |
|---|
| 260 | | - | (g) This section shall not be construed to apply to any of the following: 7 |
|---|
| 261 | | - | (1) Academic course instruction. 8 |
|---|
| 262 | | - | (2) Scholarly research or a creative work by an institution of higher education's 9 |
|---|
| 263 | | - | students, faculty, or other research personnel or the dissemination of that 10 |
|---|
| 264 | | - | research or work. 11 |
|---|
| 265 | | - | (3) An activity of a student organization registered with or recognized by an 12 |
|---|
| 266 | | - | institution of higher education. 13 |
|---|
| 267 | | - | (4) Guest speakers or performers on short-term engagements. 14 |
|---|
| 268 | | - | (5) A policy, practice, procedure, program, or activity to enhance student 15 |
|---|
| 269 | | - | academic achievement or postgraduate outcomes that is designed and 16 |
|---|
| 270 | | - | implemented without regard to race, sex, color, or ethnicity. 17 |
|---|
| 271 | | - | (6) Data collection. 18 |
|---|
| 272 | | - | (7) Bona fide qualifications based on sex which are reasonably necessary to the 19 |
|---|
| 273 | | - | normal operation of public higher education, including, but not limited to: 20 |
|---|
| 274 | | - | a. Sports teams organized by sex. 21 |
|---|
| 275 | | - | b. Single-sex bathrooms and locker rooms. 22 |
|---|
| 276 | | - | c. Requiring a maintenance employee assigned to a single-sex locker 23 |
|---|
| 277 | | - | room to be a member of that respective sex. 24 |
|---|
| 278 | | - | d. Fraternities and sororities restricted to members of one sex. 25 |
|---|
| 279 | | - | e. Having single-sex housing options for students. 26 |
|---|
| 280 | | - | (h) It is a Class 1 misdemeanor for a person to knowingly and willfully violate this 27 |
|---|
| 281 | | - | section. 28 |
|---|
| 282 | | - | (i) A violation of this section is subject to the applicable penalty provisions of Article 10 29 |
|---|
| 283 | | - | of Chapter 143C of the General Statutes, Article 11 of Chapter 159 of the General Statutes, 30 |
|---|
| 284 | | - | G.S. 143C-6-22, or G.S. 159-183. 31 |
|---|
| 285 | | - | (j) The State Auditor shall conduct periodic compliance audits to determine whether 32 |
|---|
| 286 | | - | there has been a violation of this section. If the State Auditor determines that a violation of this 33 |
|---|
| 287 | | - | section has occurred, the determination shall be referred for prosecution by the district attorney 34 |
|---|
| 288 | | - | of the county where all or a substantial part of the alleged violation occurred and reported to the 35 |
|---|
| 289 | | - | Joint Legislative Commission on Governmental Operations or the Local Government 36 |
|---|
| 290 | | - | Commission, as appropriate. 37 |
|---|
| 291 | | - | (k) Any person may bring a civil action for a violation of this section seeking injunctive 38 |
|---|
| 292 | | - | or declaratory relief and the recovery of reasonable attorneys' fees and costs. The civil action 39 |
|---|
| 293 | | - | shall be brought in the county in which all or a substantial part of the acts or omissions giving 40 |
|---|
| 294 | | - | rise to the action occurred. 41 |
|---|
| 295 | | - | (l) An employee of a State agency, unit of local government, or non-State entity may 42 |
|---|
| 296 | | - | bring a civil action for damages to the employee resulting from a violation of this section. The 43 |
|---|
| 297 | | - | civil action may be brought in the county where the employee resides or in which all or a 44 |
|---|
| 298 | | - | substantial part of the acts or omissions giving rise to the action occurred. 45 |
|---|
| 299 | | - | (m) The liability and penalty provisions contained in this section for violating its 46 |
|---|
| 300 | | - | provisions are in addition to, and not in lieu of, liability under any other applicable provision of 47 |
|---|
| 301 | | - | law or cause of action in consequence of the violation. 48 |
|---|
| 302 | | - | (n) The provisions of this section are severable. If any provision of this section or its 49 |
|---|
| 303 | | - | application is held invalid, that invalidity shall not affect other provisions or applications that can 50 |
|---|
| 304 | | - | be given effect without the invalid provision or application." 51 General Assembly Of North Carolina Session 2025 |
|---|
| 305 | | - | House Bill 799-First Edition Page 7 |
|---|
| 45 | + | (9) The United States government should be violently overthrown. 33 |
|---|
| 46 | + | (10) Particular character traits, values, moral or ethical codes, privileges, or beliefs 34 |
|---|
| 47 | + | should be ascribed to a race or sex or to an individual because of the 35 |
|---|
| 48 | + | individual's race or sex. 36 |
|---|
| 49 | + | H.B. 799 |
|---|
| 50 | + | Apr 7, 2025 |
|---|
| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
|---|
| 52 | + | Page 2 DRH40356-LR-22H |
|---|
| 53 | + | (11) The rule of law does not exist, but instead is a series of power relationships 1 |
|---|
| 54 | + | and struggles among racial or other groups. 2 |
|---|
| 55 | + | (12) All Americans are not created equal and are not endowed by their Creator with 3 |
|---|
| 56 | + | certain unalienable rights, including life, liberty, and the pursuit of happiness. 4 |
|---|
| 57 | + | (13) Governments should deny to any person within the government's jurisdiction 5 |
|---|
| 58 | + | the equal protection of the law. 6 |
|---|
| 59 | + | (c) The concepts listed in this subsection shall not be promoted in State government 7 |
|---|
| 60 | + | workplaces or included as part of any State employee training program, to wit that: one race, 8 |
|---|
| 61 | + | religion, ethnicity, or sex is inherently superior to another race, religion, ethnicity, or sex; an 9 |
|---|
| 62 | + | individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 10 |
|---|
| 63 | + | oppressive, or inherently victimized; an individual should be discriminated against, receive 11 |
|---|
| 64 | + | adverse treatment, or receive favored treatment solely or partly because of his or her race, 12 |
|---|
| 65 | + | religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 13 |
|---|
| 66 | + | race, religion, ethnicity, or sex; an individual, solely by virtue of his or her race, religion, 14 |
|---|
| 67 | + | ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 15 |
|---|
| 68 | + | same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 16 |
|---|
| 69 | + | ethnicity, or sex, should feel entitlement or feel discomfort, guilt, anguish, or any other form of 17 |
|---|
| 70 | + | psychological distress; a meritocracy is inherently racist or sexist; the United States was created 18 |
|---|
| 71 | + | by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 19 |
|---|
| 72 | + | of another race, religion, ethnicity, or sex; the United States government should be violently 20 |
|---|
| 73 | + | overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 21 |
|---|
| 74 | + | should be ascribed to a race, religion, ethnicity, or sex or to an individual because of the 22 |
|---|
| 75 | + | individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 23 |
|---|
| 76 | + | of power relationships and struggles among racial, religious, ethnic, or other groups; all 24 |
|---|
| 77 | + | Americans are not created equal and are not endowed by their Creator with certain unalienable 25 |
|---|
| 78 | + | rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 26 |
|---|
| 79 | + | person within the government's jurisdiction the equal protection of the law. 27 |
|---|
| 80 | + | (d) Nothing in this section prevents a private contractor who provides training to State 28 |
|---|
| 81 | + | employees from responding to questions that are raised by participants in the training and which 29 |
|---|
| 82 | + | pertain to the concepts in subsection (c) of this section. However, the private contractor must 30 |
|---|
| 83 | + | make it clear that the government employer does not endorse those concepts. 31 |
|---|
| 84 | + | (e) This section does not apply to speech protected by the First Amendment of the U.S. 32 |
|---|
| 85 | + | Constitution. 33 |
|---|
| 86 | + | (f) A violation of this section constitutes employment discrimination." 34 |
|---|
| 87 | + | SECTION 1.(b) G.S. 126-34.02(b) reads as rewritten: 35 |
|---|
| 88 | + | "(b) The following issues may be heard as contested cases after completion of the agency 36 |
|---|
| 89 | + | grievance procedure and the Office of State Human Resources review: 37 |
|---|
| 90 | + | (1) Discrimination or harassment. – An applicant for State employment, a State 38 |
|---|
| 91 | + | employee, or former State employee may allege discrimination or harassment 39 |
|---|
| 92 | + | based on race, religion, color, ethnicity, national origin, sex, age, disability, 40 |
|---|
| 93 | + | genetic information, or political affiliation if the employee believes that he or 41 |
|---|
| 94 | + | she has been discriminated against in his or her application for employment 42 |
|---|
| 95 | + | or in the terms and conditions of the employee's employment, or in the 43 |
|---|
| 96 | + | termination of his or her employment. A violation of G.S. 126-14.6 constitutes 44 |
|---|
| 97 | + | employment discrimination under this subsection. 45 |
|---|
| 98 | + | …." 46 |
|---|
| 99 | + | SECTION 2. Part 4 of Article 7 of Chapter 160A of the General Statutes is amended 47 |
|---|
| 100 | + | by adding the following new sections to read: 48 |
|---|
| 101 | + | "§ 160A-170. Compelled speech prohibited. 49 |
|---|
| 102 | + | (a) Each city agency and department shall comply with the following: 50 General Assembly Of North Carolina Session 2025 |
|---|
| 103 | + | DRH40356-LR-22H Page 3 |
|---|
| 104 | + | (1) Refrain from soliciting or requiring an applicant for employment to endorse 1 |
|---|
| 105 | + | or opine about beliefs, affiliations, ideals, or principles regarding matters of 2 |
|---|
| 106 | + | contemporary political debate or social action as a condition of employment. 3 |
|---|
| 107 | + | (2) Refrain from soliciting or requiring an applicant for employment to describe 4 |
|---|
| 108 | + | the applicant's actions in support of, or in opposition to, the beliefs, 5 |
|---|
| 109 | + | affiliations, ideals, or principles identified in subdivision (1) of this 6 |
|---|
| 110 | + | subsection. 7 |
|---|
| 111 | + | (b) Nothing in subsection (a) of this section shall infringe on the ability of an applicant 8 |
|---|
| 112 | + | for employment to voluntarily opine or speak regarding any matter, including matters of 9 |
|---|
| 113 | + | contemporary political debate or social action. 10 |
|---|
| 114 | + | (c) No application for employment shall inquire into matters prohibited as compelled 11 |
|---|
| 115 | + | speech under this section. 12 |
|---|
| 116 | + | (d) Nothing in this section shall be construed to: 13 |
|---|
| 117 | + | (1) Prohibit discussion with or questions to an applicant regarding the content of 14 |
|---|
| 118 | + | the applicant's resume, curriculum vitae, or other written work or oral remarks. 15 |
|---|
| 119 | + | (2) Affect the ability of the prospective employing agency from complying with 16 |
|---|
| 120 | + | applicable federal or State law, including employment oaths, appointment 17 |
|---|
| 121 | + | affidavits, and licensure and certification requirements. 18 |
|---|
| 122 | + | (3) Apply to speech protected by the First Amendment of the U.S. Constitution. 19 |
|---|
| 123 | + | "§ 160A-170.1. Ensuring dignity and nondiscrimination in municipal government 20 |
|---|
| 124 | + | workplaces. 21 |
|---|
| 125 | + | (a) The General Assembly finds that Article I, Section 1 of the Constitution of this State 22 |
|---|
| 126 | + | recognizes the equality and rights of all persons. Therefore, it is the intent of the General 23 |
|---|
| 127 | + | Assembly that city employees respect the dignity of others, acknowledge the right of others to 24 |
|---|
| 128 | + | express differing opinions, and the right to freedom of speech and association and that municipal 25 |
|---|
| 129 | + | agencies employ training methods and procedures to further that intent. 26 |
|---|
| 130 | + | (b) For the purposes of this section, "promote" shall mean compelling city employees or 27 |
|---|
| 131 | + | contractors to affirm or profess belief in the concepts described in subsection (c) of this section. 28 |
|---|
| 132 | + | (c) The concepts listed in this subsection shall not be promoted in city government 29 |
|---|
| 133 | + | workplaces or included as part of any city employee training program, to wit that: one race, 30 |
|---|
| 134 | + | religion, ethnicity, or sex is inherently superior to another race, religion, ethnicity, or sex; an 31 |
|---|
| 135 | + | individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 32 |
|---|
| 136 | + | oppressive, or inherently victimized; an individual should be discriminated against, receive 33 |
|---|
| 137 | + | adverse treatment, or receive favored treatment solely or partly because of his or her race, 34 |
|---|
| 138 | + | religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 35 |
|---|
| 139 | + | race, religion, ethnicity, or sex; an individual, solely by virtue of his or her race, religion, 36 |
|---|
| 140 | + | ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 37 |
|---|
| 141 | + | same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 38 |
|---|
| 142 | + | ethnicity, or sex, should feel entitlement or feel discomfort, guilt, anguish, or any other form of 39 |
|---|
| 143 | + | psychological distress; a meritocracy is inherently racist or sexist; the United States was created 40 |
|---|
| 144 | + | by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 41 |
|---|
| 145 | + | of another race, religion, ethnicity, or sex; the United States government should be violently 42 |
|---|
| 146 | + | overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 43 |
|---|
| 147 | + | should be ascribed to a race, religion, ethnicity, or sex or to an individual because of the 44 |
|---|
| 148 | + | individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 45 |
|---|
| 149 | + | of power relationships and struggles among racial, religious, ethnic, or other groups; all 46 |
|---|
| 150 | + | Americans are not created equal and are not endowed by their Creator with certain unalienable 47 |
|---|
| 151 | + | rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 48 |
|---|
| 152 | + | person within the government's jurisdiction the equal protection of the law. 49 |
|---|
| 153 | + | (d) Nothing in this section prevents a private contractor who provides training to 50 |
|---|
| 154 | + | municipal employees from responding to questions that are raised by participants in the training 51 General Assembly Of North Carolina Session 2025 |
|---|
| 155 | + | Page 4 DRH40356-LR-22H |
|---|
| 156 | + | and which pertain to the concepts in subsection (c) of this section. However, the private 1 |
|---|
| 157 | + | contractor must make it clear that the government employer does not endorse those concepts. 2 |
|---|
| 158 | + | (e) This section does not apply to speech protected by the First Amendment of the U.S. 3 |
|---|
| 159 | + | Constitution. 4 |
|---|
| 160 | + | (f) Employee hiring, promotion, and training shall be without regard to race, religion, 5 |
|---|
| 161 | + | ethnicity, and sex, and applications for employment shall not inquire about race. 6 |
|---|
| 162 | + | (g) A violation of this section constitutes employment discrimination." 7 |
|---|
| 163 | + | SECTION 3. Part 4 of Article 5 of Chapter 153A of the General Statutes is amended 8 |
|---|
| 164 | + | by adding the following new sections to read: 9 |
|---|
| 165 | + | "§ 153A-100. Compelled speech prohibited. 10 |
|---|
| 166 | + | (a) Each county agency and department shall comply with the following: 11 |
|---|
| 167 | + | (1) Refrain from soliciting or requiring an applicant for employment to endorse 12 |
|---|
| 168 | + | or opine about beliefs, affiliations, ideals, or principles regarding matters of 13 |
|---|
| 169 | + | contemporary political debate or social action as a condition of employment. 14 |
|---|
| 170 | + | (2) Refrain from soliciting or requiring an applicant for employment to describe 15 |
|---|
| 171 | + | the applicant's actions in support of, or in opposition to, the beliefs, 16 |
|---|
| 172 | + | affiliations, ideals, or principles identified in subdivision (1) of this 17 |
|---|
| 173 | + | subsection. 18 |
|---|
| 174 | + | (b) Nothing in subsection (a) of this section shall infringe on the ability of an applicant 19 |
|---|
| 175 | + | for employment to voluntarily opine or speak regarding any matter, including matters of 20 |
|---|
| 176 | + | contemporary political debate or social action. 21 |
|---|
| 177 | + | (c) No application for employment shall inquire into matters prohibited as compelled 22 |
|---|
| 178 | + | speech under this section. 23 |
|---|
| 179 | + | (d) Nothing in this section shall be construed to: 24 |
|---|
| 180 | + | (1) Prohibit discussion with or questions to an applicant regarding the content of 25 |
|---|
| 181 | + | the applicant's resume, curriculum vitae, or other written work or oral remarks. 26 |
|---|
| 182 | + | (2) Affect the ability of the prospective employing agency from complying with 27 |
|---|
| 183 | + | applicable federal or State law, including employment oaths, appointment 28 |
|---|
| 184 | + | affidavits, and licensure and certification requirements. 29 |
|---|
| 185 | + | (3) Apply to speech protected by the First Amendment of the U.S. Constitution. 30 |
|---|
| 186 | + | (e) A violation of this section constitutes employment discrimination. 31 |
|---|
| 187 | + | "§ 153A-100.1. Ensuring dignity and nondiscrimination in county government workplaces. 32 |
|---|
| 188 | + | (a) The General Assembly finds that Article I, Section 1 of the Constitution of this State 33 |
|---|
| 189 | + | recognizes the equality and rights of all persons. Therefore, it is the intent of the General 34 |
|---|
| 190 | + | Assembly that county employees respect the dignity of others, acknowledge the right of others 35 |
|---|
| 191 | + | to express differing opinions, and the right to freedom of speech and association and that county 36 |
|---|
| 192 | + | agencies employ training methods and procedures to further that intent. 37 |
|---|
| 193 | + | (b) For the purposes of this section, "promote" shall mean compelling county employees 38 |
|---|
| 194 | + | or contractors to affirm or profess belief in the concepts described in subsection (c) of this section. 39 |
|---|
| 195 | + | (c) The concepts listed in this subsection shall not be promoted in county government 40 |
|---|
| 196 | + | workplaces or included as part of any county employee training program, to wit that: one race, 41 |
|---|
| 197 | + | religion, ethnicity, or sex is inherently superior to another race, religion, ethnicity, or sex; an 42 |
|---|
| 198 | + | individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 43 |
|---|
| 199 | + | oppressive, or inherently victimized; an individual should be discriminated against, receive 44 |
|---|
| 200 | + | adverse treatment, or receive favored treatment solely or partly because of his or her race, 45 |
|---|
| 201 | + | religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 46 |
|---|
| 202 | + | race, religion, ethnicity, or sex; an individual, solely by virtue of his or her race, religion, 47 |
|---|
| 203 | + | ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 48 |
|---|
| 204 | + | same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 49 |
|---|
| 205 | + | ethnicity, or sex, should feel entitlement or feel discomfort, guilt, anguish, or any other form of 50 |
|---|
| 206 | + | psychological distress; a meritocracy is inherently racist or sexist; the United States was created 51 General Assembly Of North Carolina Session 2025 |
|---|
| 207 | + | DRH40356-LR-22H Page 5 |
|---|
| 208 | + | by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 1 |
|---|
| 209 | + | of another race, religion, ethnicity, or sex; the United States government should be violently 2 |
|---|
| 210 | + | overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 3 |
|---|
| 211 | + | should be ascribed to a race, religion, ethnicity, or sex or to an individual because of the 4 |
|---|
| 212 | + | individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 5 |
|---|
| 213 | + | of power relationships and struggles among racial, religious, ethnic, or other groups; all 6 |
|---|
| 214 | + | Americans are not created equal and are not endowed by their Creator with certain unalienable 7 |
|---|
| 215 | + | rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 8 |
|---|
| 216 | + | person within the government's jurisdiction the equal protection of the law. 9 |
|---|
| 217 | + | (d) Nothing in this section prevents a private contractor who provides training to county 10 |
|---|
| 218 | + | employees from responding to questions that are raised by participants in the training and which 11 |
|---|
| 219 | + | pertain to the concepts in subsection (c) of this section. However, the private contractor must 12 |
|---|
| 220 | + | make it clear that the government employer does not endorse those concepts. 13 |
|---|
| 221 | + | (e) This section does not apply to speech protected by the First Amendment of the U.S. 14 |
|---|
| 222 | + | Constitution. 15 |
|---|
| 223 | + | (f) Employee hiring, promotion, and training shall be without regard to race, religion, 16 |
|---|
| 224 | + | ethnicity, or sex, and applications for employment shall not inquire about race. 17 |
|---|
| 225 | + | (g) A violation of this section constitutes employment discrimination." 18 |
|---|
| 226 | + | SECTION 4. Article 10 of Chapter 143 of the General Statutes is amended by adding 19 |
|---|
| 227 | + | a new section to read: 20 |
|---|
| 228 | + | "§ 143-162.8. No public funds for discriminatory programs. 21 |
|---|
| 229 | + | (a) No State agency, unit of local government, or non-State entity may use any State 22 |
|---|
| 230 | + | funds or public monies to promote, support, fund, implement, or maintain discriminatory 23 |
|---|
| 231 | + | programs. For the purposes of this section, a "discriminatory program" means a program 24 |
|---|
| 232 | + | promoting the concepts listed in subsection (c) of G.S. 153A-100.1. 25 |
|---|
| 233 | + | (b) No State agency, unit of local government, or non-State entity shall apply for, accept, 26 |
|---|
| 234 | + | or utilize federal funds, grants, or other financial assistance that require compliance with 27 |
|---|
| 235 | + | discriminatory programs. Any existing programs funded through such means shall be 28 |
|---|
| 236 | + | discontinued unless continued participation is expressly required by federal law. 29 |
|---|
| 237 | + | (c) The following definitions apply in this section: 30 |
|---|
| 238 | + | (1) Non-State entity. – As defined in G.S. 143C-1-1. 31 |
|---|
| 239 | + | (2) Public monies. – Funds from any source budgeted or expended by a local 32 |
|---|
| 240 | + | political subdivision of the State, including, but not limited to, revenue 33 |
|---|
| 241 | + | authorized by G.S. 153A-149 or G.S. 160A-209. 34 |
|---|
| 242 | + | (3) State agency. – A unit of the executive, legislative, or judicial branch of State 35 |
|---|
| 243 | + | government, such as a department, institution, division, commission, board, 36 |
|---|
| 244 | + | council, community college, or The University of North Carolina system. 37 |
|---|
| 245 | + | (4) State funds. – As defined in G.S. 143C-1-1. The term includes any monies 38 |
|---|
| 246 | + | received or held by a constituent institution of The University of North 39 |
|---|
| 247 | + | Carolina, including endowment funds as defined in G.S. 116-36 and 40 |
|---|
| 248 | + | institutional trust funds as defined in G.S. 116-36.1. 41 |
|---|
| 249 | + | (5) Unit of local government. – As defined in G.S. 143C-1-1. 42 |
|---|
| 250 | + | (d) The prohibitions contained in subsections (a) and (b) of this section include, but are 43 |
|---|
| 251 | + | not limited to, using State funds or public monies to do any of the following: 44 |
|---|
| 252 | + | (1) Utilize discriminatory programs in employee hirings, trainings, or 45 |
|---|
| 253 | + | promotions; admissions; or the awarding of contracts. 46 |
|---|
| 254 | + | (2) Maintain offices or dedicated staff positions (whether permanent, 47 |
|---|
| 255 | + | time-limited, full-time, part-time, or temporary) for discriminatory programs. 48 |
|---|
| 256 | + | (e) Nothing in this section shall be construed to conflict with, restrict, limit, or infringe 49 |
|---|
| 257 | + | upon speech protected by the First Amendment of the U.S. Constitution. 50 General Assembly Of North Carolina Session 2025 |
|---|
| 258 | + | Page 6 DRH40356-LR-22H |
|---|
| 259 | + | (f) Nothing in this section shall be construed to conflict with or prohibit compliance with 1 |
|---|
| 260 | + | Title IX of the Education Amendments of 1972, as amended; the Americans with Disabilities 2 |
|---|
| 261 | + | Act, as amended; the Age Discrimination in Employment Act, as amended; Title VI of the Civil 3 |
|---|
| 262 | + | Rights Act of 1964; or other applicable State or federal law. 4 |
|---|
| 263 | + | (g) This section shall not be construed to apply to any of the following: 5 |
|---|
| 264 | + | (1) Academic course instruction. 6 |
|---|
| 265 | + | (2) Scholarly research or a creative work by an institution of higher education's 7 |
|---|
| 266 | + | students, faculty, or other research personnel or the dissemination of that 8 |
|---|
| 267 | + | research or work. 9 |
|---|
| 268 | + | (3) An activity of a student organization registered with or recognized by an 10 |
|---|
| 269 | + | institution of higher education. 11 |
|---|
| 270 | + | (4) Guest speakers or performers on short-term engagements. 12 |
|---|
| 271 | + | (5) A policy, practice, procedure, program, or activity to enhance student 13 |
|---|
| 272 | + | academic achievement or postgraduate outcomes that is designed and 14 |
|---|
| 273 | + | implemented without regard to race, sex, color, or ethnicity. 15 |
|---|
| 274 | + | (6) Data collection. 16 |
|---|
| 275 | + | (7) Bona fide qualifications based on sex which are reasonably necessary to the 17 |
|---|
| 276 | + | normal operation of public higher education, including, but not limited to: 18 |
|---|
| 277 | + | a. Sports teams organized by sex. 19 |
|---|
| 278 | + | b. Single-sex bathrooms and locker rooms. 20 |
|---|
| 279 | + | c. Requiring a maintenance employee assigned to a single-sex locker 21 |
|---|
| 280 | + | room to be a member of that respective sex. 22 |
|---|
| 281 | + | d. Fraternities and sororities restricted to members of one sex. 23 |
|---|
| 282 | + | e. Having single-sex housing options for students. 24 |
|---|
| 283 | + | (h) It is a Class 1 misdemeanor for a person to knowingly and willfully violate this 25 |
|---|
| 284 | + | section. 26 |
|---|
| 285 | + | (i) A violation of this section is subject to the applicable penalty provisions of Article 10 27 |
|---|
| 286 | + | of Chapter 143C of the General Statutes, Article 11 of Chapter 159 of the General Statutes, 28 |
|---|
| 287 | + | G.S. 143C-6-22, or G.S. 159-183. 29 |
|---|
| 288 | + | (j) The State Auditor shall conduct periodic compliance audits to determine whether 30 |
|---|
| 289 | + | there has been a violation of this section. If the State Auditor determines that a violation of this 31 |
|---|
| 290 | + | section has occurred, the determination shall be referred for prosecution by the district attorney 32 |
|---|
| 291 | + | of the county where all or a substantial part of the alleged violation occurred and reported to the 33 |
|---|
| 292 | + | Joint Legislative Commission on Governmental Operations or the Local Government 34 |
|---|
| 293 | + | Commission, as appropriate. 35 |
|---|
| 294 | + | (k) Any person may bring a civil action for a violation of this section seeking injunctive 36 |
|---|
| 295 | + | or declaratory relief and the recovery of reasonable attorneys' fees and costs. The civil action 37 |
|---|
| 296 | + | shall be brought in the county in which all or a substantial part of the acts or omissions giving 38 |
|---|
| 297 | + | rise to the action occurred. 39 |
|---|
| 298 | + | (l) An employee of a State agency, unit of local government, or non-State entity may 40 |
|---|
| 299 | + | bring a civil action for damages to the employee resulting from a violation of this section. The 41 |
|---|
| 300 | + | civil action may be brought in the county where the employee resides or in which all or a 42 |
|---|
| 301 | + | substantial part of the acts or omissions giving rise to the action occurred. 43 |
|---|
| 302 | + | (m) The liability and penalty provisions contained in this section for violating its 44 |
|---|
| 303 | + | provisions are in addition to, and not in lieu of, liability under any other applicable provision of 45 |
|---|
| 304 | + | law or cause of action in consequence of the violation. 46 |
|---|
| 305 | + | (n) The provisions of this section are severable. If any provision of this section or its 47 |
|---|
| 306 | + | application is held invalid, that invalidity shall not affect other provisions or applications that can 48 |
|---|
| 307 | + | be given effect without the invalid provision or application." 49 General Assembly Of North Carolina Session 2025 |
|---|
| 308 | + | DRH40356-LR-22H Page 7 |
|---|