RES-2003-026 Leg County Authority to enact ordinances prohibiting discrimination

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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.