Bill Summaries: H1118 (2015-2016 Session)

Tracking:
  • Summary date: May 11 2016 - View summary

    Repeals SL 2016-3 (HB 2, Public Facilities Privacy & Securities Act). Effective March 23, 2016.

    Amends GS 143-422.2 to establish that it is the policy of the state to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, sex, sexual orientation, gender identity, status as a current member or veteran of the Armed Services, or handicap by employers which regularly employ 15 or more employees (currently, does not include protection from discrimination for sexual orientation, gender identity, or status as a current member or veteran of the Armed Services). Enacts new subsection (a1) to provide that, for purposes of Article 49A of GS Chapter 143 (Equal Employment Practices), "armed services" applies as defined in GS 116-143.3(a)(2) to mean the United States Air Force, Army, Coast Guard, Marine Corps, and Navy; the North Carolina National Guard; and any reserve component of those forces. 

    Enacts new subsection (a2) to establish that it does not constitute discrimination for an employer to provide separate bathrooms or changing facilities for employees based on gender, but requires an employer to provide access to those facilities based on a person's gender identity. 

    Enacts GS 143-422.4 to establish that an employee may bring a private action for damages against that employee's employer for a violation of Article 49A of GS Chapter 143. Directs that, in the event of a violation of Article 49A, as a result of intentional wrongdoing, the court is to award the employee treble damages, reasonable attorneys' fees, and costs incurred in the action.

    Enacts new Article 49B, to be known as the Equal Access to Public Accommodations Act, to GS Chapter 143 as follows.

    Establishes that it is the public policy of the state to protect and safeguard the right and opportunity of all individuals within the state to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodation free of discrimination because of race, religion, color, national origin, sex, sexual orientation, gender identity, or status as a current member or veteran of the Armed Services. Establishes that it cannot be deemed to constitute discrimination for a place of public accommodation to provide separate bathrooms or changing facilities based on gender, but a place of public accommodation must provide access to those facilities based on a person's gender identity. Defines armed forces as defined in GS 143-422.2(a1), as enacted. Defines places of public accommodation as defined in GS 168A-3(8), which defines the term to include, but not be limited to, any place, facility, store, or other establishment, hotel, or motel, which supplies goods or services on the premises to the public or which solicits or accepts the patronage or trade of any person. Establishes that places of public accommodation excludes any private club or other establishment not, in fact, open to the public.

    Authorizes the Human Relations Commission (Commission) in the Department of Administration to receive, investigate, and conciliate complaints of discrimination in public accommodations. Directs the Commission to use its good offices to affect an amicable resolution of the complaints of discrimination.

    Establishes a private right of action for violation of Article 49A. Directs the court, in the event of a violation of Article 49A as a result of intentional wrongdoing, to award the plaintiff treble damages, reasonable attorneys' fees, and costs incurred in the action.

    Provides that any local ordinance, resolution, regulation, or policy enacted prior to March 23, 2016, is not abated or affected by SL 2016-3, and any local ordinance, resolution, regulation, or policy that would be valid but for the enactment of SL 2016-3 remains valid.

    Repeals SL 2015-241, Section 6.20(b)(2)a, providing that the North Carolina Human Relations Commission is subject to continuation review as provided by SL 2015-241, Section 6.20.

    Appropriates $545,407 from the General Fund to the Department of Administration, Human Relations Commission, in recurring funds for the 2016-17 fiscal year to be used for operating expenses.