HomeMy WebLinkAboutRES-2003-026 Leg County Authority to enact ordinances prohibiting discriminationR~s-atSo3 -oat
NORTH CAROLINA
ORANGE COUNTY
~~~ ~~~o~
RESOLUTION REGARDING
LEGISLATIVE MATTERS
BE IT RESOLVED by the Board of County Commissioners of
Orange County that the Board hereby requests the Senators and
Representatives representing Orange County to introduce and
support the following legislative matter:
1. AN ACT TO AUTHORIZE CITIES AND COUNTIES IN NORTH
CAROLINA TO ENACT ORDINANCES PROHIBITING DISCRIMINATION (Exhibit
A) ;
Upon motion of Commissioner seconded by
Commissioner the foregoing resolution was adopted
this the day of 2003. -
I, Donna Baker, Clerk to the Board of Commissioners for the
County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on _, 2003 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No. of the minutes of said
Board.
WITNESS my hand and the seal of said County, this day
of 2003.
Clerk to the Board of Commissioners
~x+~eeiT A
GENERAI: ASSEMBLY OF NORTH CAROLINA
SESSION .2003
Short Title:
Sponsors:
Referred to:
Antidiscrimination Ordinances.
(Public)
1 A BILL TO BE ENTTTT.ED
2 AN A.CT TO AUTI-IOIZTZE CITIES AND COUNTIES IN NORTH CAROLINA
3 TO ENACT ORDINANCES FRO~TIBITING DISCRIMINATION.
4 ~ ~.
5 The General Assembly o~North Carolina enacts:
6 ~ ~ SECTION 1. Article 23 of Chapter 153A of the General Statutes is amended
7 by.adding a new section to read: ~ . ,
8 "§ 1~3A-4S1. nrdinanc .s prohibiting discrimination
9 ~ A county maY adopt an ordinance desigderl to prohibit discrimination in
10 employment. ho'usin~•, and pub is accommodations The hacec of discrimination whic}~
11 ~~c be ~prohi ited are limited t race, color religion uender, national o~~in~a~e~g,
12 disahili.ty. familial statue detineci in C"Y S =11A-3(lb~,, and veteran statue Ac s of
13 discrimination ~hihiteci by an ordinance adopted under this section ghall lie the same
14 acts pmhihited under applicable fei"leral law A county ma; amend any ordinance
1~5 prohibiting discrimination that is adopted under this section to ensure that the ordinance
16 remains substantially e~,uwalent to the applicable federal lava'
17 .~ An, co y that has adopted an ordinance under this section may t,,,r 'n that.
18 ordinance. ado~pmcedures and delegate pcZwer, to a 1•Ittman Relations Commission
19 ('Commission'1 which arP necessary and proper for carC,yi~r g oti and enforcing the
20 ordinance To assist in the enf~rcernent of the ordinance the Commission has, but is not
21 limited to. the follovaing ~ wers•
22 l.(~ deceiving and reviewing. c__~laints that allele a violation of the
23 ~ ordinance has occurred,, is occurring, nr i about to occur.
?4 .(2~, ~`onductin rove .igations into the basis of complaints. In this reed
25 the Commission may iceue suhnoenas com~elling~i~~ prnclitctinn of
26 documents or corn ep lling wifiesses, or nth. to appear before the
27 C'o~nmjgsion to give testimony and to take depositions and serve
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION Zoos
l i:nterro~atorieS in accordance with the North Carolina Rules of Civil
2 Procedure. In th .event an,v person refuses to comply with a suh Dena
3 or diccnyery request the Commission may ap ~21y to the Su,.perior court
. 4 for an order to com17e1 compliance with the subp~g~a or d~scoverv
5 recltiest. Information and records discovered by the Commission during
6 an invegtt~aation or conciliation shall 'be mr~in ta~ed in co~tfidence bvby
7 the S'c~znmission and are not subject td the p rovisions of G S 132-E
8 ~ and Cr S I~32-9 until and unless they are off ered into evidence in a
9 ~ judicial proceeding authorized bXthis section a nd an ordi ance
IO ,~, ®Pply~g.Co the superior court for mandato~y~prohibito~ i~,' in)t etive
I 1 ~ relief. or hothL~,ursttant to Role 65 of the North .Sarolina Rules of Civil
' 12 ~ Procedure if it determines. after ~.;pr.~liminarv in~restigation, that
13 prompt judicia action is necessaxX., to ca out the,~~ss~of the
14 ordinance. ~ .. ~.
1S ~ Malting a~determination of whether or no# the re is reasonable cause to
16 believe that a ~nlawfiil discriminatory pra ctice has occurred, is
17 occttmn~,, or is about to occur. The determina tion shall be ~%n writing:.
18 The dete ins icon s~Y recite facts derived fmm_ information and
19 cords made confidential by~~~djviSion ~~~ 21 of this section, Th.e
20 written determination is not subject to the pmvisions of ~,~ 13?-h and
21 G.S. 132-9 until and ~nl,~s~ it is offered into evidence in a judicial
22 proceeding; authori~ed~ by this section and an. or dinance.
23 ~5 Is uing a right-to-sue letter o ~ a ccimplaining ply .upon request
24 after 60 dais folloyc!in„~ receipt of a complaint,,
2S ,(~ Attemntine to conciliate a resolution of the complaint betwee the
26 ~ parties.
27 l?~ Rn ..,dog into conciliation agreements in str.ch instances where
28 ~on,~iliatio~,efforts hay.@ beef successfiil.
29 Th
ems
m ay, in enactine an ordinance, delegate the dow ers of the Commission
30 ,
,
under this sectio n and ~ e ordjnattc~ to ~n administrative departm ent ~f the rnunty
31 u The o rdinance ~ may provide that complainants who receive aright-to-cite
32 fetter from the Commission may brim a civil action in sup~ rigl court against the
33 respondent withi n one year of the issuance of the right-to=slie letter The ordi_na~e
34 chall Provide tha t in a civil action fi ed which seeks damages fro m the respondent either
35 the ~ompiainant or the responde t ma~requ~t,and u= on req~ ~st~ i5 entitled to ~ ju~,~
36 trial The superi e or jury,, ~ ap~rop~ate~s all b
~d
or court e auk ori~ed tQ impose
37 m1nd~.tot~r and ,
~,
~,rohi~iitoTy iojunctive lie a GemDensatorv clam~Qes• and an -other
38 ~~ropri.ate relief; howeve the superior court jurleP or ~u, r
y S h~.ll not order punitive
39 dame un1e5S ~
~unitive dart~ages are provided as a re~r~edy u nder existing State or
40 ,
federal aw In cases involving unlawful emgloyrnent practice s the fact finder may
41 or~r e~,.,reinstatem ent or hiring,. with hack nav
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION ?oa3
.1 In anx action brought in t e superior court rursua.nt to th.e ardinance_ the cnu, rt rn
2 ow the~revailing,~artv rea,onable costs and attorneys' fees from the other p~ or
3 parties Attorneys' fees however, shall not e awarded to the Commission. and a
4 prevailing respondent may be awarded court costs and reasonable attorneys' fees only
5srZnn a showing that the case is frivolous unreasonably, or without foundation
6 ~ Recourse by c~cm_plainants to the Commission is a~risdic ional„prereouisite
7 t~ - filing a suit under the enual Employmen .~ Prfl.ctices Act. Article 49.A ~of GhaFter 143
$ of rho ('renerai Statutesa in those instznces_where~szt the time t:h.at the claim arose, a
9 county ordinance prohibiting iscrir~ination in employm~t pursuant to this section is in
10 effect,
11 .~ The governing body of 2nX counter within the State t at has acic~,pted an
12 ordinance may enter into work-sharing, agreements with the State and the federal
13 government. .
14 ~ . ~f.~1n ordinance is adopted by a.~o~t;~, the ordinance shall appt tY. o any par
15 of the county not within a municip~,yLn or t1,~citY_ town. or village in the county.
16 ~Lgoverning board of a city, town or village within the crninty adopting an ordinance
17 maX, by resolution pe i an ordinance adopted by the county. to be apnliea~]e within
18 it~morate boundaries A city; town or villa e m .y by resolution, withdraw its
19 nerm~gion If it does so~it shall give written notic~,tp the cota.nty of its withdrawal of
20 permission Thirty d,~ys after the date the county receives the permission wi hdrawal
21 notice the ordinance ceases to be a~nlica.hle within the ci .town, or village.
22 ~ . Th;~ se flop a~~ies to counties with a~opulation of 1 ~0,~011 or more as
23 determined by the most recent federal_ decennial census."
24 SECTION 2. Article 8 of Chapter 160A of the General Statutes is amended
2S by adding a new section to read:
26 ",C~l CAA-199 Ordinances ~rohiblting dis r'minatinn.
27 >'~ A citX may adopt an ordinance designed to prohibit riitcrimination in
28 ~r~LQy~,t, ho~sine, and public ~ccommodA.tions. The babes of discrimination which
29 m~v be prohibited are limited to race, color religion gender,_national originY age,
30 disability, familial status its defined in C'r ~, 41 A-3 lb) and veteran status Accts of
31 ci~e~rimin~tion p o ihited. by an ordinance adc~ted under this section ShaT~ be the same
32 ~c~ prohibited under applicable federal law`_ A ci may amend any ordinance
33~ prohibiting discrimination th_ t ids adopted under this section to ensure tha. the ctrc~inance
34 'remains substantially e~ttivzlent to the ~n~ le federal law.
3~ ,{~h Any city that has adopted an ordinance i.tnder this section m.ay. in that
36 ordinance adp.pt procedures and dele ag to nS~wera to a Human Relations Commission
37 ('Comnaission'1 which are necessary and prover for carrying out and~nfor ing the
38 ordinance Tc~ assist in the enforcement of the ordinance. the Commission has_ but is n.ot
39 limited to, the following.powers~
40 .(~ Receiving and reviewing cam In amts that allele a violation of the
41 ~,rdinance has occurred, is oceur~ng, or is about to occur.