NONDISCRIMIN & DIGNITY IN STATE WORK. (NEW)

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View NCGA Bill Details2023-2024 Session
Senate Bill 364 (Public) Filed Thursday, March 23, 2023
AN ACT TO AMEND THE STATE HUMAN RESOURCES ACT TO PROHIBIT COMPELLED SPEECH WHEN AN INDIVIDUAL SEEKS STATE GOVERNMENT OR COMMUNITY COLLEGE EMPLOYMENT, TO DEMONSTRATE THE GENERAL ASSEMBLY'S INTENT THAT STATE AND COMMUNITY COLLEGE EMPLOYEES RECOGNIZE THE EQUALITY AND RIGHTS OF ALL PERSONS, AND TO PROHIBIT STATE GOVERNMENT AND COMMUNITY COLLEGE WORKPLACES FROM PROMOTING CERTAIN CONCEPTS THAT ARE CONTRARY TO THAT INTENT.
Intro. by Daniel, Johnson, Overcash.

Status: Ch. SL 2023-62 (Jun 27 2023)

SOG comments (2):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT AMENDING THE STATE HUMAN RESOURCES ACT TO PROHIBIT COMPELLED SPEECH WHEN AN INDIVIDUAL SEEKS STATE GOVERNMENT EMPLOYMENT.

Long title change

Committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO AMEND THE STATE HUMAN RESOURCES ACT TO PROHIBIT COMPELLED SPEECH WHEN AN INDIVIDUAL SEEKS STATE GOVERNMENT EMPLOYMENT AND TO DEMONSTRATE THE GENERAL ASSEMBLY'S INTENT THAT STATE EMPLOYEES RECOGNIZE THE EQUALITY AND RIGHTS OF ALL PERSONS AND TO PROHIBIT STATE GOVERNMENT WORKPLACES FROM PROMOTING CERTAIN CONCEPTS THAT ARE CONTRARY TO THAT INTENT.

Bill History:

S 364/S.L. 2023-62

Bill Summaries:

  • Summary date: Jun 27 2023 - View Summary

    AN ACT TO AMEND THE STATE HUMAN RESOURCES ACT TO PROHIBIT COMPELLED SPEECH WHEN AN INDIVIDUAL SEEKS STATE GOVERNMENT OR COMMUNITY COLLEGE EMPLOYMENT, TO DEMONSTRATE THE GENERAL ASSEMBLY'S INTENT THAT STATE AND COMMUNITY COLLEGE EMPLOYEES RECOGNIZE THE EQUALITY AND RIGHTS OF ALL PERSONS, AND TO PROHIBIT STATE GOVERNMENT AND COMMUNITY COLLEGE WORKPLACES FROM PROMOTING CERTAIN CONCEPTS THAT ARE CONTRARY TO THAT INTENT. SL 2023-62. Enacted June 27, 2023. Effective December 1, 2023.


  • Summary date: Jun 19 2023 - View Summary

    The Governor vetoed the act on June 16, 2023. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2023/6254/0/S364-BILL-NBC-10913.


  • Summary date: May 31 2023 - View Summary

    House committee substitute to the 3rd edition makes the following changes.

    Amends GS 126-5 by providing that GS 126-14.5 (compelled speech prohibited) applies to community college employees, as well as the already listed nonexempt State employees in the executive branch, which is amended to specifically include nonexempt employees of UNC and the Community Colleges System Office. Also amends GS 126-5 by providing that GS 126-14.6 (ensuring dignity and nondiscrimination in State government workplaces) applies to community college employees, as well as the already listed nonexempt State employees in the executive branch, which is amended to specifically include nonexempt employees of UNC and the Community Colleges System Office. Makes additional technical and organizational changes.

    Changes the act's effective date from July 1, 2023, to December 1, 2023. Amends the act's long title.


  • Summary date: May 2 2023 - View Summary

    Senate amendments to the 2nd edition makes the following changes. Amendment #3 amends new GS 126-14.5(d)(1) (prohibiting compelled speech) to specify that the new law should not be construed to prohibit discussion with an applicant regarding their curriculum vitae or other written work or oral remarks, in addition to their resume. Amendment #2 changes the effective date of the act to July 1, 2023 (was, when the act became law). 


  • Summary date: Apr 26 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes. Amends new GS 126-14.5 to specify that GS 126-14.5(a) directing State employers to refrain from soliciting or requiring an applicant to endorse or opine about matters relating to contemporary political or social action as a condition of employment does not infringe upon the ability of an applicant to voluntarily opine or speak about any matter (previously, just specified this subsection). Prohibits any application for employment from inquiring into matters prohibited as compelled speech under GS 126-14.5 (was, under the specified subsection). Makes organizational changes. Amends GS 126-5(c19) to only have GS 126-14.5 to apply to all nonexempt State employees in the executive branch (was, nonexempt and exempt employees in the executive, legislative, and judicial branches).

    Enacts GS 126-14.6, titled ensuring dignity and nondiscrimination in State government workplaces. Finds that Article I, Section 1 of the Constitution of this State recognizes the equality and rights of all persons. Specifies the intent of the General Assembly that State employees respect the dignity of others, acknowledge the right of others to express differing opinions, and the right to freedom of speech and association and that State agencies employ training methods and procedures to further that intent. Lists the following 13 concepts that cannot be promoted in State government workplaces or included as part of any State employee training program:

    • One race or sex is inherently superior to another race or sex.
    • An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive.
    • An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.
    • An individual's moral character is necessarily determined by his or her race or sex.
    • An individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
    • Any individual, solely by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress.
    • A meritocracy is inherently racist or sexist.
    • The United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex.
    • The United States government should be violently overthrown.
    • Particular character traits, values, moral or ethical codes, privileges, or beliefs should be ascribed to a race or sex or to an individual because of the individual's race or sex.
    • The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups.
    • All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness.
    • Governments should deny to any person within the government's jurisdiction the equal protection of the law.  

    Specifies that nothing in GS 126-14.6 prevents a private contractor who provides training to State employees from responding to questions that are raised by participants in the training and which pertain to the concepts listed above. Specifies that the private contractor must make it clear that the State government employer does not endorse those concepts. Clarifies that GS 126-14.6 does not apply to speech protected by the First Amendment of the US Constitution. Amends GS 126-5 to specify that GS 126-14.6 applies to all nonexempt State employees in the executive branch.

    Adds severability clause.  

    Makes conforming changes to act’s long and short titles.


  • Summary date: Mar 23 2023 - View Summary

    Enacts new GS 126-14.5 requiring State agencies, departments, and institutions to refrain from soliciting or requiring an applicant for employment: (1) 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) to describe the applicant's actions in support of, or in opposition to, the beliefs, affiliations, ideals, or principles identified above. Specifies that this does not infringe on an applicant's ability to voluntarily opine or speak on any matter. Prohibits applications for employment from inquiring into matters prohibited as compelled speech. Specifies that this does not: (1) prohibit discussion with or questions to an applicant about the applicant's resume, (2) affect the ability of the prospective employing agency from complying with applicable federal or State law, or (3) apply to speech protected by the First Amendment.

    Amends GS 126-5 to make new GS 126-14.5 applicable to all exempt and nonexempt State employees in the executive, legislative, and judicial branches.