Text of NC H 538 (2025)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H D HOUSE BILL DRH40312-LR-91 Short Title: Equality for All. (Public) Sponsors: Representative Dahle. Referred to: *DRH40312-LR-91* A BILL TO BE ENTITLED 1 AN ACT TO PROTECT ALL NORTH CAROLINIANS AGAINST DISCRIMINATION IN 2 ALL WALKS OF LIFE. 3 The General Assembly of North Carolina enacts: 4 5 PART I. HOUSING 6 SECTION 1.1. G.S. 41A-3 reads as rewritten: 7 "§ 41A-3. Definitions. 8 For the purposes of this Chapter, the following definitions apply: 9 … 10 (5a) "Protected status" means a person's race, color, national origin, religion, age, 11 disability, sex, marital status, familial status, sexual orientation, gender 12 identity, military or veteran status, or genetic information. 13 …." 14 SECTION 1.2. G.S. 41A-4 reads as rewritten: 15 "§ 41A-4. Unlawful discriminatory housing practices. 16 (a) It is an unlawful discriminatory housing practice for any person in a real estate 17 transaction, because of race, color, religion, sex, national origin, handicapping condition, or 18 familial status the protected status of another person to: 19 (1) Refuse to engage in a real estate transaction; 20 (2) Discriminate against a person in the terms, conditions, or privileges of a real 21 estate transaction or in the furnishing of facilities or services in connection 22 therewith; 23 (2a), (2c) Repealed by Session Laws 2009-388, s. 1, effective October 1, 2009. 24 (3) Refuse to receive or fail to transmit a bona fide offer to engage in a real estate 25 transaction; 26 (4) Refuse to negotiate for a real estate transaction; 27 (5) Represent to a person that real property is not available for inspection, sale, 28 rental, or lease when in fact it is so available, or fail to bring a property listing 29 to his attention, or refuse to permit him to inspect real property; 30 (6) Make, print, circulate, post, or mail or cause to be so published a statement, 31 advertisement, or sign, or use a form or application for a real estate transaction, 32 or make a record or inquiry in connection with a prospective real estate 33 transaction, which indicates directly or indirectly, an intent to make a 34 limitation, specification, or discrimination with respect thereto; 35 H.B. 538 Mar 26, 2025 HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 Page 2 DRH40312-LR-91 (7) Offer, solicit, accept, use, or retain a listing of real property with the 1 understanding that any person may be discriminated against in a real estate 2 transaction or in the furnishing of facilities or services in connection 3 therewith; or 4 (8) Otherwise make unavailable or deny housing. 5 … 6 (b1) It is an unlawful discriminatory housing practice for any person or other entity whose 7 business includes engaging in residential real estate related transactions to discriminate against 8 any person in making available such a transaction, or in the terms and conditions of such a 9 transaction, because of race, color, religion, sex, national origin, handicapping condition, or 10 familial that person's protected status. As used in this subsection, "residential real estate related 11 transaction" means: 12 (1) The making or purchasing of loans or providing financial assistance (i) for 13 purchasing, constructing, improving, repairing, or maintaining a dwelling, or 14 (ii) where the security is residential real estate; or 15 (2) The selling, brokering, or appraising of residential real estate. 16 The provisions of this subsection shall not prohibit any financial institution from using a loan 17 application which inquires into a person's financial and dependent obligations or from basing its 18 actions on the income or financial abilities of any person. 19 (c) It is an unlawful discriminatory housing practice for a person to induce or attempt to 20 induce another to enter into a real estate transaction from which such person may profit: 21 (1) By representing that a change has occurred, or may or will occur in the 22 composition of the residents of the block, neighborhood, or area in which the 23 real property is located with respect to race, color, religion, sex, national 24 origin, handicapping condition, or familial the protected status of the owners 25 or occupants; or 26 (2) By representing that a change has resulted, or may or will result in the 27 lowering of property values, an increase in criminal or antisocial behavior, or 28 a decline in the quality of schools in the block, neighborhood, or area in which 29 the real property is located. 30 (d) It is an unlawful discriminatory housing practice to deny any person who is otherwise 31 qualified by State law access to or membership or participation in any real estate brokers' 32 organization, multiple listing service, or other service, organization, or facility relating to the 33 business of engaging in real estate transactions, or to discriminate in the terms or conditions of 34 such access, membership, or participation because of race, color, religion, sex, national origin, 35 handicapping condition, or familial that person's protected status. 36 … 37 (g) It is an unlawful discriminatory housing practice to discriminate in land-use decisions 38 or in the permitting of development based on race, color, religion, sex, national origin, 39 handicapping condition, familial a person's protected status, or, except as otherwise provided by 40 law, the fact that a development or proposed development contains affordable housing units for 41 families or individuals with incomes below eighty percent (80%) of area median income. It is 42 not a violation of this Chapter if land-use decisions or permitting of development is based on 43 considerations of limiting high concentrations of affordable housing." 44 SECTION 1.3. G.S. 41A-5(a) reads as rewritten: 45 "§ 41A-5. Proof of violation. 46 (a) It is a violation of this Chapter if: 47 (1) A person by his act or failure to act intends to discriminate against a person. 48 A person intends to discriminate if, in committing an unlawful discriminatory 49 housing practice described in G.S. 41A-4 he was motivated in full, or in any 50 part at all, by race, color, religion, sex, national origin, handicapping 51 General Assembly Of North Carolina Session 2025 DRH40312-LR-91 Page 3 condition, or familial a person's protected status. An intent to discriminate 1 may be established by direct or circumstantial evidence. 2 (2) A person's act or failure to act has the effect, regardless of intent, of 3 discriminating, as set forth in G.S. 41A-4, against a person of a particular race, 4 color, religion, sex, national origin, handicapping condition, or familial of a 5 protected status. However, it is not a violation of this Chapter if a person 6 whose action or inaction has an unintended discriminatory effect, proves that 7 his action or inaction was motivated and justified by business necessity. 8 …." 9 SECTION 1.4. G.S. 41A-6(a) reads as rewritten: 10 "§ 41A-6. Exemptions. 11 (a) The provisions of G.S. 41A-4, except for subdivision (a)(6), do not apply to the 12 following: 13 … 14 (3) Religious institutions or organizations or charitable or educational 15 organizations operated, supervised, or controlled by religious institutions or 16 organizations which give preference to members of the same religion in a real 17 estate transaction, as long as membership in such religion is not restricted by 18 race, color, sex, national origin, handicapping condition, or familial status;a 19 protected status other than religion; 20 …." 21 22 PART II. EMPLOYMENT 23 SECTION 2.1. G.S. 143-422.2 reads as rewritten: 24 "§ 143-422.2. Legislative declaration. 25 It is the public policy of this State to protect and safeguard the right and opportunity of all 26 persons to seek, obtain and hold employment without discrimination or abridgement on account 27 of race, religion, color, national origin, age, sex or handicap sex, sexual orientation, gender 28 identity, disability, marital status, familial status, military or veteran status, or genetic 29 information by employers which regularly employ 15 one or more employees. It is recognized 30 that the practice of denying employment opportunity and discriminating in the terms of 31 employment foments domestic strife and unrest, deprives the State of the fullest utilization of its 32 capacities for advancement and development, and substantially and adversely affects the interests 33 of employees, employers, and the public in general." 34 SECTION 2.2. G.S. 126-16 reads as rewritten: 35 "§ 126-16. Equal opportunity for employment and compensation by State departments and 36 agencies and local political subdivisions. 37 All State agencies, departments, and institutions and all local political subdivisions of North 38 Carolina shall give equal opportunity for employment and compensation, without regard to race, 39 religion, color, national origin, sex, sexual orientation, gender identity, marital status, familial 40 status, military or veteran status, age, disability, or genetic information to all persons otherwise 41 qualified." 42 SECTION 2.3. G.S. 126-34.02(b) reads as rewritten: 43 "(b) The following issues may be heard as contested cases after completion of the agency 44 grievance procedure and the Office of State Human Resources review: 45 (1) Discrimination or harassment. – An applicant for State employment, a State 46 employee, or former State employee may allege discrimination or harassment 47 based on race, religion, color, national origin, sex, sexual orientation, gender 48 identity, marital status, familial status, military or veteran status, age, 49 disability, genetic information, or political affiliation if the employee believes 50 that he or she has been discriminated against in his or her application for 51 General Assembly Of North Carolina Session 2025 Page 4 DRH40312-LR-91 employment or in the terms and conditions of the employee's employment, or 1 in the termination of his or her employment. 2 (2) Retaliation. – An applicant for State employment, a State employee, or former 3 State employee may allege retaliation for protesting discrimination based on 4 race, religion, color, national origin, sex, sexual orientation, gender identity, 5 marital status, familial status, military or veteran status, age, disability, 6 political affiliation, or genetic information if the employee believes that he or 7 she has been retaliated against in his or her application for employment or in 8 the terms and conditions of the employee's employment, or in the termination 9 of the employee's employment. 10 (3) Just cause for dismissal, demotion, or suspension. – A career State employee 11 may allege that he or she was dismissed, demoted, or suspended for 12 disciplinary reasons without just cause. A dismissal, demotion, or suspension 13 which is not imposed for disciplinary reasons shall not be considered a 14 disciplinary action within the meaning of this section. However, in contested 15 cases conducted pursuant to this section, an employee may appeal an 16 involuntary nondisciplinary separation due to an employee's unavailability in 17 the same fashion as if it were a disciplinary action, but the agency shall only 18 have the burden to prove that the employee was unavailable. In cases of such 19 disciplinary action the employee shall, before the action is taken, be furnished 20 with a statement in writing setting forth the specific acts or omissions that are 21 the reasons for the disciplinary action and the employee's appeal rights. The 22 employee shall be permitted 15 days from the date the statement is delivered 23 to appeal under the agency grievance procedure. However, an employee may 24 be suspended without warning pending the giving of written reasons in order 25 to avoid undue disruption of work, to protect the safety of persons or property, 26 or for other serious reasons. 27 (4) Veteran's preference. – An applicant for State employment or a State 28 employee may allege that he or she was denied veteran's preference in 29 violation of the law. 30 (5) Failure to post or give priority consideration. – An applicant for State 31 employment or a State employee may allege that he or she was denied hiring 32 or promotion because a position was not posted in accordance with this 33 Chapter; or a career State employee may allege that he or she was denied a 34 promotion as a result of a failure to give priority consideration for promotion 35 as required by G.S. 126-7.1; or a career State employee may allege that he or 36 she was denied hiring as a result of the failure to give him or her a 37 reduction-in-force priority. 38 (6) Whistleblower. – A whistleblower grievance as provided for in this Chapter." 39 40 PART III. PUBLIC ACCOMMODATIONS 41 SECTION 3.1. Chapter 143 of the General Statutes is amended by adding a new 42 Article to read: 43 "Article 85. 44 "Access to Public Accommodations. 45 "§ 143-805. Short title. 46 This Article shall be known and may be cited as the "Equal Access to Public 47 Accommodations Act." 48 "§ 143-806. Legislative declaration. 49 It is the public policy of this State to protect and safeguard the right and opportunity of all 50 individuals within the State to enjoy fully and equally the goods, services, facilities, privileges, 51 General Assembly Of North Carolina Session 2025 DRH40312-LR-91 Page 5 advantages, and accommodations of places of public accommodation free of discrimination 1 because of race, religion, color, national origin, sex, sexual orientation, gender identity, 2 disability, marital status, familial status, military or veteran status, or genetic information. It shall 3 not be deemed to constitute discrimination on the basis of sexual orientation or gender identity 4 for a public accommodation to provide separate bathrooms or changing facilities based on 5 gender, but a place of public accommodation shall provide access to such facilities based on a 6 person's gender identity. 7 "§ 143-807. Places of public accommodation defined. 8 For purposes of this Article, places of public accommodation has the same meaning as 9 defined in G.S. 168A-3(8) but shall exclude any private club or other establishment not, in fact, 10 open to the public. 11 "§ 143-808. Investigations; conciliations. 12 (a) The Human Relations Commission in the Department of Administration shall have 13 the authority to receive, investigate, and conciliate complaints of discrimination in public 14 accommodations. Throughout this process, the Human Relations Commission shall use its good 15 offices to effect an amicable resolution of the complaints of discrimination. 16 (b) If the Commission is unable to effect an amicable resolution of the charges of 17 discrimination, the complainant and the Commission may proceed with an enforcement action 18 using the procedures provided in G.S. 41A-7." 19 20 PART IV. CREDIT 21 SECTION 4.1. Article 1 of Chapter 75 of the General Statutes is amended by adding 22 a new section to read: 23 "§ 75-45. Discrimination by lenders prohibited. 24 (a) Discrimination Prohibited. – No person engaged in any form of lending money in this 25 State, or to residents of this State, shall discriminate in the extension of credit on the basis of 26 race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual 27 orientation, gender identity, military or veteran status, or genetic information. 28 (b) Filing of Complaint With Human Relations Commission. – Any person who claims 29 to have been injured by a violation of subsection (a) of this section or who reasonably believes 30 that he or she will be irrevocably injured by a violation of that subsection may file a complaint 31 with the North Carolina Human Relations Commission established under G.S. 143B-391. Upon 32 receipt of a complaint, the Commission shall work with the relevant parties to develop an 33 amicable resolution to the charge of discrimination. If the Commission is unable to effect an 34 amicable resolution of the charges of discrimination, the complainant and the Commission may 35 proceed with an enforcement action using the procedures provided in G.S. 41A-7. Filing of a 36 complaint pursuant to this subsection shall not preclude the filing of an action pursuant to 37 subsection (c) of this section. 38 (c) Violation an Unfair and Deceptive Trade Practice. – A violation of subsection (a) of 39 this section shall constitute an unfair trade practice in violation of G.S. 75-1.1." 40 41 PART V. INSURANCE 42 SECTION 5.1. G.S. 58-3-25 reads as rewritten: 43 "§ 58-3-25. Discriminatory practices prohibited. 44 … 45 (c) No insurer shall refuse to insure or refuse to continue to insure an individual; limit the 46 amount, extent, or kind of coverage available to an individual; or charge an individual a different 47 rate for the same coverage, because of the race, color, or national or ethnic origin origin, religion, 48 sex, marital status, familial status, sexual orientation, gender identity, disability, military or 49 veteran status, or genetic information of that individual. This subsection supplements the 50 provisions of G.S. 58-3-120, 58-33-80, 58-58-35, and 58-63-15(7)." 51 General Assembly Of North Carolina Session 2025 Page 6 DRH40312-LR-91 1 PART VI. EDUCATION 2 SECTION 6.1. G.S. 115C-47 is amended by adding a new subdivision to read: 3 "(70) To Adopt a Policy on Nondiscrimination in Schools. – Each local board of 4 education shall adopt a policy to establish that the local board of education 5 and school personnel employed by the local board shall not discriminate on 6 the basis of race, color, national origin, religion, age, disability, sex, marital 7 status, familial status, sexual orientation, gender identity, military or veteran 8 status, or genetic information. The policy shall include that any person who 9 claims to have been injured by an unlawful discriminatory practice or who 10 reasonably believes that he or she will be irrevocably injured by an unlawful 11 discriminatory practice may file a complaint with the North Carolina Human 12 Relations Commission established under G.S. 143B-391. Upon receipt of a 13 complaint, the Commission shall work with the relevant parties to develop an 14 amicable resolution to the charge of discrimination. If the Commission is 15 unable to effect an amicable resolution of the charges of discrimination, the 16 complainant and the Commission may proceed with an enforcement action 17 using the procedures provided in G.S. 41A-7." 18 SECTION 6.2. Part 1H of Article 9 of Chapter 115C of the General Statutes is 19 amended by adding a new section to read: 20 "§ 115C-112.10. Nondiscrimination requirement. 21 A nonpublic school that accepts eligible students receiving scholarship grants shall not 22 discriminate on the basis of race, color, national origin, religion, age, disability, sex, marital 23 status, familial status, sexual orientation, gender identity, military or veteran status, or genetic 24 information. Any person who claims to have been injured by an unlawful discriminatory practice 25 or who reasonably believes that he or she will be irrevocably injured by an unlawful 26 discriminatory practice may file a complaint with the North Carolina Human Relations 27 Commission (Commission) established under G.S. 143B-391. Upon receipt of a complaint, the 28 Commission shall work with the relevant parties to develop an amicable resolution to the charge 29 of discrimination. If the Commission is unable to effect an amicable resolution of the charge of 30 discrimination, the complainant and the Commission may proceed with an enforcement action 31 using the procedures provided by G.S. 41A-7." 32 SECTION 6.3.(a) G.S. 115C-218.45(e) reads as rewritten: 33 "(e) Except as otherwise provided by law or the mission of the school as set out in the 34 charter, the school shall not limit admission to students on the basis of intellectual ability, 35 measures of achievement or aptitude, athletic ability, or disability. A charter school shall not limit 36 admission to students on the basis of race, creed, color, national origin, religion, or ancestry. age, 37 sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, 38 or genetic information. A charter school whose mission is single-sex education may limit 39 admission on the basis of sex. A charter school that serves only certain grade levels may limit 40 admission based on age. Within one year after the charter school begins operation, the charter 41 school shall make efforts for the population of the school to reasonably reflect the racial and 42 ethnic composition of the general population residing within the local school administrative unit 43 in which the school is located or the racial and ethnic composition of the special population that 44 the school seeks to serve residing within the local school administrative unit in which the school 45 is located. The school shall be subject to any court-ordered desegregation plan in effect for the 46 local school administrative unit." 47 SECTION 6.3.(b) G.S. 115C-218.55 reads as rewritten: 48 "§ 115C-218.55. Nondiscrimination in charter schools. 49 A charter school shall not discriminate against any student on the basis of ethnicity, national 50 origin, gender, race, color, religion, age, sex, marital status, familial status, sexual orientation, 51 General Assembly Of North Carolina Session 2025 DRH40312-LR-91 Page 7 gender identity, military or veteran status, genetic information, or disability. Any person who 1 claims to have been injured by an unlawful discriminatory practice or who reasonably believes 2 that he or she will be irrevocably injured by an unlawful discriminatory practice may file a 3 complaint with the North Carolina Human Relations Commission established under 4 G.S. 143B-391. Upon receipt of a complaint, the Commission shall work with the relevant parties 5 to develop an amicable resolution to the charge of discrimination. If the Commission is unable 6 to effect an amicable resolution of the charges of discrimination, the complainant and the 7 Commission may proceed with an enforcement action using the procedures provided in 8 G.S. 41A-7." 9 SECTION 6.4. G.S. 115C-521.2 is repealed. 10 SECTION 6.5. G.S. 115C-562.5(c1) reads as rewritten: 11 "(c1) A nonpublic school shall not discriminate with respect to the categories listed in 42 12 U.S.C. § 2000d, as that statute read on January 1, 2014.on the basis of race, color, national origin, 13 religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, 14 military or veteran status, or genetic information. Any person who claims to have been injured 15 by an unlawful discriminatory practice or who reasonably believes that he or she will be 16 irrevocably injured by an unlawful discriminatory practice may file a complaint with the North 17 Carolina Human Relations Commission established under G.S. 143B-391. Upon receipt of a 18 complaint, the Commission shall work with the relevant parties to develop an amicable resolution 19 to the charge of discrimination. If the Commission is unable to effect an amicable resolution of 20 the charges of discrimination, the complainant and the Commission may proceed with an 21 enforcement action using the procedures provided in G.S. 41A-7." 22 SECTION 6.6. G.S. 115D-77 reads as rewritten: 23 "§ 115D-77. Nondiscrimination policy. 24 It is the policy of the State Board of Community Colleges and of local boards of trustees of 25 the State of North Carolina not to discriminate among students on the basis of race, gender, color, 26 national origin, religion, age, sex, marital status, familial status, sexual orientation, gender 27 identity, military or veteran status, genetic information, or disability. 28 The State Board and each board of trustees shall give equal opportunity for employment and 29 compensation of personnel at community colleges, without regard to race, religion, color, creed, 30 national origin, sex, age, marital status, familial status, sexual orientation, gender identity, 31 military or veteran status, genetic information, or disability, except where specific age, sex or 32 physical or mental requirements constitute bona fide occupational qualifications. 33 Any person who claims to have been injured by an unlawful discriminatory practice or who 34 reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory 35 practice may file a complaint with the North Carolina Human Relations Commission established 36 under G.S. 143B-391. Upon receipt of a complaint, the Commission shall work with the relevant 37 parties to develop an amicable resolution to the charge of discrimination. If the Commission is 38 unable to effect an amicable resolution of the charges of discrimination, the complainant and the 39 Commission may proceed with an enforcement action using the procedures provided in 40 G.S. 41A-7." 41 SECTION 6.7. G.S. 116-11 is amended by adding a new subdivision to read: 42 "(2b) The Board of Governors shall adopt a policy to provide that The University 43 of North Carolina and its affiliates and personnel employed by The University 44 of North Carolina and its affiliates shall not discriminate on the basis of race, 45 color, national origin, religion, age, disability, sex, marital status, familial 46 status, sexual orientation, gender identity, military or veteran status, or genetic 47 information. The policy shall include that any person who claims to have been 48 injured by an unlawful discriminatory practice or who reasonably believes that 49 he or she will be irrevocably injured by an unlawful discriminatory practice 50 may file a complaint with the North Carolina Human Relations Commission 51 General Assembly Of North Carolina Session 2025 Page 8 DRH40312-LR-91 established under G.S. 143B-391. Upon receipt of a complaint, the 1 Commission shall work with the relevant parties to develop an amicable 2 resolution to the charge of discrimination. If the Commission is unable to 3 effect an amicable resolution of the charges of discrimination, the complainant 4 and the Commission may proceed with an enforcement action using the 5 procedures provided in G.S. 41A-7." 6 7 PART VII. JURY SERVICE 8 SECTION 7.1. G.S. 15A-1214 is amended by adding a new subsection to read: 9 "(k) A citizen may not be excluded from jury service in this State on account of race, color, 10 national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, 11 gender identity, military or veteran status, or genetic information." 12 13 PART VIII. EFFECTIVE DATE 14 SECTION 8.1. This act becomes effective July 1, 2025. 15