ENSURE NONDISCRIMINATION IN GOVERNMENT.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 799 (Public) Filed Monday, April 7, 2025
AN ACT TO ENSURE NONDISCRIMINATION AND DIGNITY IN GOVERNMENT HIRING, PROMOTION, TRAINING, AND WORKPLACES.
Intro. by Echevarria, Setzer, Gable.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 8 2025)
H 799

Bill Summaries:

  • Summary date: Apr 7 2025 - View Summary

    Amends GS 126-14.6, adding a new provision establishing as State policy that State employee hiring, promotion, and training must be without regard to race or ethnicity, religion, or sex and that applications for State employment cannot inquire about race. Expands the definition of "promote" to also mean compelling State employees or contractors (was State employees only) to affirm or profess belief in the concepts listed in the section. Eliminates current subsection (b), which lists 13 concepts that are prohibited from being promoted in State government workplaces or included as part of any State employee training program. Enacts new subsection (c), listing 13 concepts as prohibited from being promoted in State government workplaces or included as part of any State employee training program, borrowing and expanding upon the language of the 13 concepts eliminated from subsection (b) to address religion and ethnicity in addition to race and sex. Deems a violation of the statute employment discrimination.

    Amends GS 126-34.02 allowing to be heard as a contested case allegations of an applicant for State employment, a State employee, or former State employee alleging employment discrimination or harassment based on ethnicity, after completion of the agency grievance procedure and the Office of State Human Resources Review. Deems a violation of GS 126-14.6 employment discrimination.

    Enacts GS 160A-170 and GS 153A-100 to require cities and counties, respectively, to (1) refrain from soliciting or requiring an applicant for employment to endorse or opine about beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action as a condition of employment; and (2) refrain from soliciting or requiring an applicant for employment to describe the applicant's actions in support of, or in opposition to, the beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action. Permits applicants to voluntarily opine or speak regarding any matter. Prohibits employment applicants from inquiring into matter prohibited as compelled speech under the sections. Provides for construction of the statutes with respect to discussing an applicant's resume, curriculum vitae, or other work or remarks; complying with federal or State law; and constitutionally protected speech. Includes in GS 153A-100 that a violation of the statute is employment discrimination.

    Enacts GS 160A-170.1 and GS 153A-100.1 stating legislative intent with regards to city and county employee training methods and procedures. Lists 13 concepts which cities and counties are prohibited from promoting in city and county workplaces or including as part of city or county employee training programs, mirroring the list enacted in GS 126-14.6(c), including (1) that one race, religion, ethnicity, or sex is inherently superior to another race, religion, ethnicity, or sex; and (2) an individual's moral character is necessarily determined by their race, religion, ethnicity, or sex. Defines "promote". Specifies that the statute does not prevent a private contractor who provides training to city or county employees from responding to questions that are raised by participants and pertain to the prohibited concepts so long as the contractor clarifies that the government employer does not endorse the concepts. Excludes constitutionally protected speech from the statute's scope. Mandates employee hiring, promotion, and training be without regard to race, religion, ethnicity, or sex, and prohibits employment applications from inquiring about race. Includes in GS 160A-170.1 that a violation of the statute is employment discrimination.

    Enacts GS 143-162.8, prohibiting State agencies, local governments, and non-State entities from using State funds or public monies to promote, support, fund, implement, or maintain discriminatory programs (defined as a program promoting the concepts listed in GS 153A-100.1). Additionally prohibits State agencies, local governments, and non-State entities from applying for, accepting, or using federal funds, grants, or other financial assistance that require compliance with discriminatory programs. Requires discontinuing existing programs funded through financial assistance that requires compliance with discriminatory programs. Includes five defined terms. Defines the scope of the prohibitions as described, and excluding constitutionally protected speech. Provides for construction of the statute with regards to identified federal laws, and other applicable State or federal law, and seven identified exemptions, including academic course instruction and guest speakers or performers on short-term engagements. Makes a knowing and willful violation of the statute a Class 1 misdemeanor. Provides for application of penalty provisions set for under specified state law. Directs the State Auditor to conduct periodic compliance audits with referrals directed for prosecution by the district attorney and reported to the specified NCGA committee or the Local Government Commission, as appropriate. Creates civil actions for persons or employees seeking injunctive or declaratory relief and recovery of reasonable attorneys' fees and costs and provides for venue of each action. Establishes that liability under the section is in addition to that under any other applicable provisions of law or cause of action in consequence of the violation. Includes a severability clause for the statute's provisions. 

    Specifies that the act does not modify or supersede existing federal, State, or local law governing public accommodations or private establishments exempt from such requirements. 

    Includes a severability clause for the act's provisions. 

    Effective July 1, 2025.