Ensure Nondiscrimination in Government.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 799

Short Title: Ensure Nondiscrimination in Government. (Public)
Sponsors: Representatives Echevarria, Setzer, and Gable (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 8, 2025
*H799-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ENSURE NON DISCRIMINATION AND D IGNITY IN GOVERNMENT 2
HIRING, PROMOTION, TRAINING, AND WORKPLACES. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) G.S. 126-14.6 reads as rewritten: 5
"§ 126-14.6. Ensuring dignity and nondiscrimination in State government workplaces. 6
(a) The General Assembly finds that Article I, Section 1 of the Constitution of this State 7
recognizes the equality and rights of all persons. Therefore, it is the intent of the General 8
Assembly that State employees respect the dignity of others, acknowledge the right of others to 9
express differing opinions, and the right to freedom of speech and association and that State 10
agencies employ training methods and procedures to further that intent. Further, it is the public 11
policy of this State that State employee hiring, promotion, and training shall be without regard to 12
race or ethnicity, religion, or sex and that applications for State employment shall not inquire 13
about race. 14
(b) For the purposes of this section, "promote" shall mean compelling State employees 15
or contractors to affirm or profess belief in the concepts described in subsection (c) of this section. 16
(c) The concepts listed in this subsection shall not be promoted in St ate government 17
workplaces or included as part of any State employee training program: 18
(1) One race or sex is inherently superior to another race or sex. 19
(2) An individual, solely by virtue of his or her race or sex, is inherently racist, 20
sexist, or oppressive. 21
(3) An individual should be discriminated against or receive adverse treatment 22
solely or partly because of his or her race or sex. 23
(4) An individual's moral character is necessarily determined by his or her race or 24
sex. 25
(5) An individual, solely by virtue of his or her race or sex, bears responsibility 26
for actions committed in the past by other members of the same race or sex. 27
(6) Any individual, solely by virtue of his or her race or sex, should feel 28
discomfort, guilt, anguish, or any other form of psychological distress. 29
(7) A meritocracy is inherently racist or sexist. 30
(8) The United States was created by members of a particular race or sex for the 31
purpose of oppressing members of another race or sex. 32
(9) The United States government should be violently overthrown. 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 799-First Edition
(10) Particular character traits, values, moral or ethical codes, privileges, or beliefs 1
should be ascribed to a race or sex or to an individual because of the 2
individual's race or sex. 3
(11) The rule of law does not exist, but instead is a series of power relationships 4
and struggles among racial or other groups. 5
(12) All Americans are not created equal and are not endowed by their Creator with 6
certain unalienable rights, including life, liberty, and the pursuit of happiness. 7
(13) Governments should deny to any person within the government's jurisdiction 8
the equal protection of the law. 9
(c) The concepts listed in this subsection shall not be promoted in State government 10
workplaces or included as part of any State employee training program, t o wit that: one race, 11
religion, ethnicity, or sex is inherently superior to another race , religion, ethnicity, or sex; an 12
individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 13
oppressive, or inherently victimized; an individual should be discriminated against, receive 14
adverse treatment, or receive favored treatment solely or partly because of his or her race , 15
religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 16
race, religion, ethnicity, or sex; an individual, solely by virtue of his or her race , religion, 17
ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 18
same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 19
ethnicity, or sex, should feel entitlement or feel discomfort, guilt, anguish, or any other form of 20
psychological distress; a meritocracy is inherently racist or sexist; the United States was created 21
by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 22
of another race , religion, ethnicity, or sex; the United States government should be violently 23
overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 24
should be ascribed to a race , religion, ethnicity, or sex or to an individual because of the 25
individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 26
of power relationships and struggles among racial , religious, ethnic, or other groups; all 27
Americans are not created equal and are not endowed by their Creator wi th certain unalienable 28
rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 29
person within the government's jurisdiction the equal protection of the law. 30
(d) Nothing in this section prevents a private contractor who provides training to State 31
employees from responding to questions that are raised by participants in the training and which 32
pertain to the concepts in subsection (c) of this section. However, the private contractor must 33
make it clear that the government employer does not endorse those concepts. 34
(e) This section does not apply to speech protected by the First Amendment of the U.S. 35
Constitution. 36
(f) A violation of this section constitutes employment discrimination." 37
SECTION 1.(b) G.S. 126-34.02(b) reads as rewritten: 38
"(b) The following issues may be heard as contested cases after completion of the agency 39
grievance procedure and the Office of State Human Resources review: 40
(1) Discrimination or harassment. – An applicant for State employment, a State 41
employee, or former State employee may allege discrimination or harassment 42
based on race, religion, color, ethnicity, national origin, sex, age, disability, 43
genetic information, or political affiliation if the employee believes that he or 44
she has been discrimina ted against in his or her application for employment 45
or in the terms and conditions of the employee's employment, or in the 46
termination of his or her employment. A violation of G.S. 126-14.6 constitutes 47
employment discrimination under this subsection. 48
…." 49
SECTION 2. Part 4 of Article 7 of Chapter 160A of the General Statutes is amended 50
by adding the following new sections to read: 51
General Assembly Of North Carolina Session 2025
House Bill 799-First Edition Page 3
"§ 160A-170. Compelled speech prohibited. 1
(a) Each city agency and department shall comply with the following: 2
(1) Refrain from soliciting or requiring an applicant for employment to endorse 3
or opine about beliefs, affiliations, ideals, or principles regarding matters of 4
contemporary political debate or social action as a condition of employment. 5
(2) Refrain from soliciting or requiring an applicant for employment to describe 6
the applicant 's actions in support of, or in opposition to, the beliefs, 7
affiliations, ideals, or principles identified in subdivision (1) of this 8
subsection. 9
(b) Nothing in subsection (a) of this section shall infringe on the ability of an applicant 10
for employment to voluntarily opine or speak regarding any matter, including matters of 11
contemporary political debate or social action. 12
(c) No application for employment shall inquire into matters prohibited as compelled 13
speech under this section. 14
(d) Nothing in this section shall be construed to: 15
(1) Prohibit discussion with or questions to an applicant regarding the content of 16
the applicant's resume, curriculum vitae, or other written work or oral remarks. 17
(2) Affect the ability of the prospective employing agency from complying with 18
applicable federal or State law, including employment oaths, appointment 19
affidavits, and licensure and certification requirements. 20
(3) Apply to speech protected by the First Amendment of the U.S. Constitution. 21
"§ 160A -170.1. Ensuring dignity and nondiscrimination in municipal government 22
workplaces. 23
(a) The General Assembly finds that Article I, Section 1 of the Constitution of this State 24
recognizes the equality and rights of all persons. Therefore, it is the intent of the General 25
Assembly that city employees respect the dignity of others, acknowledge the right of others to 26
express differing opinions, and the right to freedom of speech and association and that municipal 27
agencies employ training methods and procedures to further that intent. 28
(b) For the purposes of this section, "promote" shall mean compelling city employees or 29
contractors to affirm or profess belief in the concepts described in subsection (c) of this section. 30
(c) The concepts listed in this subsection shall not be promoted in city government 31
workplaces or included as part of any city employee training program, to wit that: one race, 32
religion, ethnicity, or sex is inherently superior to another race, religion, ethnici ty, or sex; an 33
individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 34
oppressive, or inherently victimized; an individual should be discriminated against, receive 35
adverse treatment, or receive favored tr eatment solely or partly because of his or her race, 36
religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 37
race, religion, ethnicity, or sex; an individual, solely by virtue of his or her race, religion, 38
ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 39
same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 40
ethnicity, or sex, should feel entitlement or feel discomfor t, guilt, anguish, or any other form of 41
psychological distress; a meritocracy is inherently racist or sexist; the United States was created 42
by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 43
of another race, religion, ethnicity, or sex; the United States government should be violently 44
overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 45
should be ascribed to a race, religion, ethnicity, or sex or to an individual beca use of the 46
individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 47
of power relationships and struggles among racial, religious, ethnic, or other groups; all 48
Americans are not created equal and are not endowed by their Creator with certain unalienable 49
rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 50
person within the government's jurisdiction the equal protection of the law. 51
General Assembly Of North Carolina Session 2025
Page 4 House Bill 799-First Edition
(d) Nothing in this section prevents a private contractor who provides training to 1
municipal employees from responding to questions that are raised by participants in the training 2
and which pertain to the concepts in subsection (c) of this section. However, the private 3
contractor must make it clear that the government employer does not endorse those concepts. 4
(e) This section does not apply to speech protected by the First Amendment of the U.S. 5
Constitution. 6
(f) Employee hiring, promotion, and training shall be without regard to race , religion, 7
ethnicity, and sex, and applications for employment shall not inquire about race. 8
(g) A violation of this section constitutes employment discrimination." 9
SECTION 3. Part 4 of Article 5 of Chapter 153A of the General Statutes is amended 10
by adding the following new sections to read: 11
"§ 153A-100. Compelled speech prohibited. 12
(a) Each county agency and department shall comply with the following: 13
(1) Refrain from soliciting or requiring an applicant for employment to endorse 14
or opine about beliefs, affiliations, ideals, or principles regarding matters of 15
contemporary political debate or social action as a condition of employment. 16
(2) Refrain from soliciting or requiring an applicant for employment to describe 17
the applicant 's actions in support of, or in opposition to, the beliefs, 18
affiliations, ideals, or principles identified in subdivision (1) of this 19
subsection. 20
(b) Nothing in subsection (a) of this section shall infringe on the ability of an applicant 21
for employment to voluntarily opine or speak regarding any matter, including matters of 22
contemporary political debate or social action. 23
(c) No application for employment shall inquire into matters prohibited as compelled 24
speech under this section. 25
(d) Nothing in this section shall be construed to: 26
(1) Prohibit discussion with or questions to an applicant regarding the content of 27
the applicant's resume, curriculum vitae, or other written work or oral remarks. 28
(2) Affect the ability of the prospective employing agency from complying with 29
applicable fe deral or State law, including employment oaths, appointment 30
affidavits, and licensure and certification requirements. 31
(3) Apply to speech protected by the First Amendment of the U.S. Constitution. 32
(e) A violation of this section constitutes employment discrimination. 33
"§ 153A-100.1. Ensuring dignity and nondiscrimination in county government workplaces. 34
(a) The General Assembly finds that Article I, Section 1 of the Constitution of this State 35
recognizes the equality and rights of all persons. Therefore, it is the intent of the General 36
Assembly that county employees respect the dignity of others, acknowledge the right of others 37
to express differing opinions, and the right to freedom of speech and association and that county 38
agencies employ training methods and procedures to further that intent. 39
(b) For the purposes of this section, "promote" shall mean compelling county employees 40
or contractors to affirm or profess belief in the concepts described in subsection (c) of this section. 41
(c) The concepts listed in this subsection shall not be promoted in c ounty government 42
workplaces or included as part of any c ounty employee training program, to wit that: one race, 43
religion, ethnicity, or sex is inherently superior to another race, religion, ethnicity, or sex; an 44
individual, solely by virtue of his or her race, religion, ethnicity, or sex, is inherently racist, sexist, 45
oppressive, or inherently victimized; an individual should be discriminated against, receive 46
adverse treatment, or receive favored treatment solely or partly because of his or her race, 47
religion, ethnicity, or sex; an individual's moral character is necessarily determined by his or her 48
race, religion, ethnicity, or sex; an individual, solely by virtue of his or her rac e, religion, 49
ethnicity, or sex, bears responsibility for actions committed in the past by other members of the 50
same race, religion, ethnicity, or sex; any individual, solely by virtue of his or her race, religion, 51
General Assembly Of North Carolina Session 2025
House Bill 799-First Edition Page 5
ethnicity, or sex, should feel entitlement or feel discomfort, guilt, anguish, or any other form of 1
psychological distress; a meritocracy is inherently racist or sexist; the United States was created 2
by members of a particular race, religion, ethnicity, or sex for the purpose of oppressing members 3
of another race, religion, ethnicity, or sex; the United States government should be violently 4
overthrown; particular character traits, values, moral or ethical codes, privileges, or beliefs 5
should be ascribed to a race, religion, ethnicity, or sex or to an individual because of the 6
individual's race, religion, ethnicity, or sex; the rule of law does not exist but instead is a series 7
of power relationships and struggles among racial, religious, ethnic, or other groups; all 8
Americans are not created equal a nd are not endowed by their Creator with certain unalienable 9
rights, including life, liberty, and the pursuit of happiness; and governments should deny to any 10
person within the government's jurisdiction the equal protection of the law. 11
(d) Nothing in this section prevents a private contractor who provides training to county 12
employees from responding to questions that are raised by participants in the training and which 13
pertain to the concepts in subsection (c) of this section. However, the p rivate contractor must 14
make it clear that the government employer does not endorse those concepts. 15
(e) This section does not apply to speech protected by the First Amendment of the U.S. 16
Constitution. 17
(f) Employee hiring, promotion, and training shall b e without regard to race, religion, 18
ethnicity, or sex, and applications for employment shall not inquire about race. 19
(g) A violation of this section constitutes employment discrimination." 20
SECTION 4. Article 10 of Chapter 143 of the General Statutes is amended by adding 21
a new section to read: 22
"§ 143-162.8. No public funds for discriminatory programs. 23
(a) No State agency, unit of local government, or non -State entity may use any State 24
funds or public monies to promote, support, fund, implemen t, or maintain discriminatory 25
programs. For the purposes of this section, a "discriminatory program " means a program 26
promoting the concepts listed in subsection (c) of G.S. 153A-100.1. 27
(b) No State agency, unit of local government, or non-State entity shall apply for, accept, 28
or utilize federal funds, grants, or other financial assistance that require compliance with 29
discriminatory programs. Any existing programs fun ded through such means shall be 30
discontinued unless continued participation is expressly required by federal law. 31
(c) The following definitions apply in this section: 32
(1) Non-State entity. – As defined in G.S. 143C-1-1. 33
(2) Public monies. – Funds from any source budgeted or expended by a local 34
political subdivision of the State, including , but not limited to , revenue 35
authorized by G.S. 153A-149 or G.S. 160A-209. 36
(3) State agency. – A unit of the executive, legislative, or judicial branch of State 37
government, such as a department, institution, division, commission, board, 38
council, community college, or The University of North Carolina system. 39
(4) State funds. – As defined in G.S. 143C-1-1. The term includes any mon ies 40
received or held by a constituent institution of The University of North 41
Carolina, including endowment funds as defined in G.S. 116-36 and 42
institutional trust funds as defined in G.S. 116-36.1. 43
(5) Unit of local government. – As defined in G.S. 143C-1-1. 44
(d) The prohibitions contained in subsections (a) and (b) of this section include , but are 45
not limited to, using State funds or public monies to do any of the following: 46
(1) Utilize discriminatory programs in employee hirings, trainings, or 47
promotions; admissions; or the awarding of contracts. 48
(2) Maintain offices or dedicated staff positions (whether permanent, 49
time-limited, full-time, part-time, or temporary) for discriminatory programs. 50
General Assembly Of North Carolina Session 2025
Page 6 House Bill 799-First Edition
(e) Nothing in this section shall be construed to conflict with, restrict, limit, or infringe 1
upon speech protected by the First Amendment of the U.S. Constitution. 2
(f) Nothing in this section shall be construed to conflict with or prohibit compliance with 3
Title IX of the Education A mendments of 1972, as amended; the Americans with Disabilities 4
Act, as amended; the Age Discrimination in Employment Act, as amended; Title VI of the Civil 5
Rights Act of 1964; or other applicable State or federal law. 6
(g) This section shall not be construed to apply to any of the following: 7
(1) Academic course instruction. 8
(2) Scholarly research or a creative work by an institution of higher education 's 9
students, faculty, or other research personnel or the dissemination of that 10
research or work. 11
(3) An activity of a student organization registered with or recognized by an 12
institution of higher education. 13
(4) Guest speakers or performers on short-term engagements. 14
(5) A policy, practice, procedure, program, or activity to enhance student 15
academic achi evement or postgraduate outcomes that is designed and 16
implemented without regard to race, sex, color, or ethnicity. 17
(6) Data collection. 18
(7) Bona fide qualifications based on sex which are reasonably necessary to the 19
normal operation of public higher education, including, but not limited to: 20
a. Sports teams organized by sex. 21
b. Single-sex bathrooms and locker rooms. 22
c. Requiring a maintenance employee assigned to a single -sex locker 23
room to be a member of that respective sex. 24
d. Fraternities and sororities restricted to members of one sex. 25
e. Having single-sex housing options for students. 26
(h) It is a Class 1 misdemeanor for a person to knowingly and willfully violate this 27
section. 28
(i) A violation of this section is subject to the applicable penalty provisions of Article 10 29
of Chapter 143C of the General Statutes, Article 11 of Chapter 159 of the General Statutes, 30
G.S. 143C-6-22, or G.S. 159-183. 31
(j) The State Auditor shall conduct periodic compliance audits to determine whether 32
there has been a violation of this section. If the State Auditor determines that a violation of this 33
section has occurred, the determination shall be referred for prosecution by the district attorney 34
of the county where all or a substantial part of the alleged violation occurred and reported to the 35
Joint Legislative Commission on Governmental Operations or the Local Government 36
Commission, as appropriate. 37
(k) Any person may bring a civil action for a violation of this section seeking injunctive 38
or declaratory relief and t he recovery of reasonable attorney s' fees and costs. The civil action 39
shall be brought in the county in which all or a substantial part of the acts or omissions giving 40
rise to the action occurred. 41
(l) An employee of a State agency , unit of local government, or non-State entity may 42
bring a civil action for damages to the employee resulting from a violation of this section. The 43
civil action may be brought in the county where the employee resides or in which all or a 44
substantial part of the acts or omissions giving rise to the action occurred. 45
(m) The liability and penalty provisions contained in this section for violating its 46
provisions are in addition to, and not in lieu of, liability under any other applicable provision of 47
law or cause of action in consequence of the violation. 48
(n) The provisions of this section are severable. If any provision of this section or its 49
application is held invalid, that invalidity shall not affect other provisions or applications that can 50
be given effect without the invalid provision or application." 51
General Assembly Of North Carolina Session 2025
House Bill 799-First Edition Page 7
SECTION 5. This act shall not modify or supersede existing federal, State, or local 1
law governing public accommodations, as defined in 42 U.S.C. § 2000a, or private 2
establishments exempt from such requirements. 3
SECTION 6. If any section or provision of this act is declared unconstitutional or 4
invalid by the courts, it does not affect the validity of this act as a whole or any part other than 5
the part so declared to be unconstitutional or invalid. 6
SECTION 7. This act becomes effective July 1, 2025. 7