AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONSIDERATION OF RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN IN PUBLIC EMPLOYMENT, PUBLIC CONTRACTING, AND PUBLIC EDUCATION.
Subject to voter approval at the statewide primary in 2022, enacts new Section 39 to Article I of the NC Constitution as follows. Prohibits the State and its political subdivisions from discriminating against or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. Specifically defines the scope of the Section to include free public schools and public institutions of higher education. Specifies that the new Section does not prohibit (1) bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting or (2) action which must be taken to establish or maintain eligibility for any federal program where ineligibility would result in a loss of federal funds to the State. Effective upon certification and applies to actions taken on or after the effective date of certification.
Specifies that the new Section does not invalidate any court order or consent decree which is in force as of the effective date of certification. Requires the Section to be implemented to the maximum extent that federal law and the US Constitution permit. Provides for severability of provisions held invalid.
© 2022 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.