North Carolina § 143-422 - 2. Legislative declaration.

§ 143-422. 2. Legislative declaration.

It is the public policy of this State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, sex or handicap by employers which regularly employ 15 or more employees. It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment foments domestic strife and unrest, deprives the State of the fullest utilization of its capacities for advancement and development, and substantially and adversely affects the interests of employees, employers, and the public in general. Repealed by Session Laws 2017-4, s. 1, effective March 30, 2017. History (1977, c. 726, s. 1; 2016-3, 2nd Ex. Sess., s. 3.1; 2017-4, s. 1.) Executive Order No. 93. - On April 12, 2016, Governor Pat McCrory issued Executive Order No. 93, "To Protect Privacy and Equality," which provides: "WHEREAS, North Carolina's rich legacy of inclusiveness, diversity and hospitality makes North Carolina a global destination for jobs, business, tourists and talent; "WHEREAS, it is the policy of the Executive Branch that government services be provided equally to all people; "WHEREAS, N.C. Gen. Stat. § 160A-499.2 permits municipalities to adopt ordinances prohibiting discrimination in housing and real estate transactions, and any municipality may expand such ordinance consistent with the federal Fair Housing Act; "WHEREAS, N.C. Gen. Stat. § 143-422.2(c) permits local governments or other political subdivisions of the State to set their own employment policies applicable to their own personnel; "WHEREAS, North Carolina law allows private businesses and nonprofit employers to establish their own non-discrimination employment policies; "WHEREAS, N.C. Gen. Stat. § 143-128.2 requires each city, county or other local public entity to adopt goals for participation by minority businesses and to make good faith efforts to recruit minority participation in line with those goals; "WHEREAS, North Carolina law allows a private business or nonprofit to set their own restroom, locker room or shower policies; "WHEREAS, our citizens have basic common-sense expectations of privacy in our restrooms, locker rooms and shower facilities for children, women and men; "WHEREAS, to protect expectations of privacy in restrooms, locker rooms and shower facilities in public buildings, including our schools, the State of North Carolina maintains these facilities on the basis of biological sex; "WHEREAS, State agencies and local governments are allowed to make reasonable accommodations in restrooms, locker rooms and shower facilities due to special individual circumstances; "NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED: "Section 1. Public Services "In the provision of government services and in the administration of programs, including, but not limited to public safety, health and welfare, public agencies shall serve all people equally, consistent with the mission and requirements of the service or program. "Section 2. Equal Employment Opportunity Policy for State Employees "I hereby affirm that the State of North Carolina is committed to administering and implementing all State human resources policies, practices and programs fairly and equitably, without unlawful discrimination, harassment or retaliation on the basis of race, religion, color, national origin, sex, sexual orientation, gender identity, age, political affiliation, genetic information, or disability. "I also affirm that private businesses, nonprofit employers and local governments may establish their own non-discrimination employment policies. "Section 3. Restroom Accommodations "In North Carolina, private businesses can set their own rules for their own restroom, locker room and shower facilities, free from government interference. "Under current law, every multiple occupancy restroom, locker room or shower facility located in a cabinet agency must be designated for and only used by persons based on their biological sex. Agencies may make reasonable accommodations upon a person's request due to special circumstances. "Therefore, when readily available and when practicable in the best judgment of the agency, all cabinet agencies shall provide a reasonable accommodation of a single occupancy restroom, locker room or shower facility upon request due to special circumstances. "All council of state agencies, cities, counties, the University of North Carolina System and the North Carolina Community College System are invited and encouraged to make a similar accommodation when practicable. "Section 4. State Buildings and Facilities Leased to Private Entities "The Department of Administration shall interpret the application of N.C. Gen. Stat. § 143-760 as follows: "When a private entity leases State real property and the property in the lessee's exclusive possession includes multiple occupancy restrooms, locker rooms or other like facilities, the private entity will control the signage and use of these facilities. "All council of state agencies, cities, counties, the University of North Carolina System and the North Carolina Community College System are invited and encouraged to adopt a similar interpretation of N.C. Gen. Stat. § 143-760. "Section 5. Human Relations Commission "Pursuant to N.C. Gen. Stat. § 143B-391, the Human Relations Commission in the Department of Administration shall promote equality and opportunity for all citizens. "The Human Relations Commission shall work with local government officials to study problems and promote understanding, respect and goodwill among all citizens in all communities in North Carolina. "The Human Relations Commission shall receive, investigate and conciliate fair housing, employment discrimination and public accommodations complaints. "The Human Relations Commission shall submit an annual report by April 1st to the Governor detailing the number of complaints received, the number of investigations completed, and the number of conciliations in the preceding calendar year. This report shall also describe any education and outreach efforts made by the Commission in that same calendar year. "Section 6. State Cause of Action for Wrongful Discharge "I support and encourage the General Assembly to take all necessary steps to restore a State cause of action for wrongful discharge based on unlawful employment discrimination. "Section 7. State or Federal Law "Nothing in this section shall be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations. "IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this twelfth day of April in the year of our Lord two thousand and sixteen." Editor's Note. - Session Laws 2016-3, 2nd Ex. Sess., provides in its preamble: "Whereas, the North Carolina Constitution directs the General Assembly to provide for the organization and government of all cities and counties and to give cities and counties such powers and duties as the General Assembly deems advisable in Section 1 of Article VII of the North Carolina Constitution; and "Whereas, the North Carolina Constitution reflects the importance of statewide laws related to commerce by prohibiting the General Assembly from enacting local acts regulating labor, trade, mining, or manufacturing in Section 24 of Article II of the North Carolina Constitution; and "Whereas, the General Assembly finds that laws and obligations consistent statewide for all businesses, organizations, and employers doing business in the State will improve intrastate commerce; and "Whereas, the General Assembly finds that laws and obligations consistent statewide for all businesses, organizations, and employers doing business in the State benefit the businesses, organizations, and employers seeking to do business in the State and attracts new businesses, organizations, and employers to the State; Now, therefore," Session Laws 2016-3, 2nd Ex. Sess., s. 4, is a severability clause. Session Laws 2016-3, 2nd Ex. Sess., s. 5, provides: "This act is effective when it becomes law [March 23, 2016] and applies to any action taken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended on or after that date, and to any contract entered into on or after that date. The provisions of Sections 2.1 [amending G.S. 95-25.1 ], 2.2 [amending G.S. 153A-449(a) ], 2.3 [amending G.S. 160A-20.1(a) ], 3.1 [amending G.S. 143-422.2 ], 3.2 [amending G.S. 143-422.3 ], and 3.3 [enacting Article 49B of Chapter 143 ] of this act supersede and preempt any ordinance, resolution, regulation, or policy adopted prior to the effective date of this act that purports to regulate a subject matter preempted by this act or that violates or is not consistent with this act, and such ordinances, resolutions, regulations, or policies shall be null and void as of the effective date of this act." Session Laws 2017-4, s. 1, effective March 30, 2017, provides: "S.L. 2016-3 and S.L. 2016-99 are repealed." Session Laws 2016-3, 2nd Ex. Sess., s. 3.1, effective March 23, 2016, and applicable to any action taken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended on or after that date, and to any contract entered into on or after that date, had added subsection (a) and (b) designations; in subsection (a), inserted "biological"; and added subsection (c). Session Laws 2017-4, s. 3, provides: "No local government in this State may enact or amend an ordinance regulating private employment practices or regulating public accommodations." Section 3 of this act expires on December 1, 2020. Legal Periodicals. - For survey of 1977 law on employment regulation, see 56 N.C.L. Rev. 854 (1978). For article discussing evidentiary standards in employment discrimination suits in light of Department of Cor. v. Gibson, 308 N.C. 131 , 301 S.E.2d 78 (1983), see 6 Campbell L. Rev. 163 (1984). For article, "North Carolina Employment Law After Coman : Reaffirming Basic Rights in the Workplace," see 24 Wake Forest L. Rev. 905 (1989). For article, "Wrongful Discharge and the North Carolina Equal Employment Practices Act: The Localization of Federal Discrimination Law," see 21 N.C. Cent. L.J. 54 (1995).