GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 55

Short Title:  Discrimination/State Personnel.	(Public)
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Sponsors: Representatives Kennedy; D. Brown, Burton, Cummings, Cunningham, Easterling, Fitch, Gist, Green, Hensley, Holt, Judy Hunt, H Hunter, R. Hunter, Jarrell, Jeffus, McAllister, Michaux, Oldham, Stamey, Wainwright, and Wright.
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Referred to:  Judiciary I.
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February 4, 1993

A BILL TO BE ENTITLED
AN ACT TO AMEND THE STATE PERSONNEL SYSTEM LAWS CONCERNING EMPLOYMENT DISCRIMINATION, AUTHORIZE THE CIVIL RIGHTS DIVISION OF THE OFFICE OF ADMINISTRATIVE HEARINGS TO ISSUE SUBPOENAS, AND AUTHORIZE THE ATTORNEY GENERAL TO SEEK INJUNCTIVE RELIEF ON BEHALF OF THE CIVIL RIGHTS DIVISION OF THE OFFICE OF ADMINISTRATIVE HEARINGS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 126-16 reads as rewritten:
"§ 126-16. Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions.
(a)	All state departments and agencies and all local political subdivisions of North Carolina shall give equal opportunity for employment and compensation, without regard to race, religion, color, creed, national origin, sex, age, or handicapping condition as defined in G.S. 168A-3 to all persons otherwise qualified, except where specific age, sex, or physical requirements constitute bona fide occupational qualifications necessary to proper and efficient administration.  This section with respect to equal opportunity as to age shall be limited to individuals who are at least 40 years of age.
(b)	Any employee, former employee or applicant of all State departments and agencies and all local political subdivisions of North Carolina may grieve any action arising out of the denial of any term, condition, or benefit of employment on the basis of unlawful discrimination.
(c)	Aggrieved employees, former employees or applicants may file a grievance action not later than 180 days from the date of the last alleged discriminatory action.
(d)	Notwithstanding any other provisions of this Chapter, the employment discrimination provisions of this Article shall be applicable to exempt policy-making employees as defined in G.S. 126-5(d).
(e)	Notwithstanding any other provisions of this Chapter or any rules or policies established by the State Personnel Commission pursuant to G.S. 126-4(9), all grievance actions alleging unlawful employment discrimination pursuant to this Article shall be first heard before the State Personnel Commission.  Any decision of the Commission which is appealed shall be heard by an Administrative Law Judge in the Office of Administrative Hearings.  Any decision of an Administrative Law Judge which is appealed shall be heard by the North Carolina Court of Appeals.
(f)	Aggrieved employees, former employees or applicants injured in violation of this Article may seek injunctive relief, damages, reinstatement, payment of back wages, full reinstatement of benefits and seniority, costs, reasonable attorneys' fees or any combination of these remedies."
Sec. 2.  Article 6 of Chapter 126 of the General Statutes is amended by adding a new section to read:
"§ 126-16.2. Notice of right to file discrimination action.
All State departments and agencies and all local political subdivisions of North Carolina shall notify all employees of their right to file an employment discrimination action.  The notice shall include information concerning when, where, and how such filing should be made."
Sec. 3.  G.S. 7A-759(c) reads as rewritten:
"(c)	In investigating charges an employee of the Civil Rights Division of the Office of Administrative Hearings specifically designated by an order of the Chief Administrative Law Judge filed in the pending case may administer oaths and affirmations and issue subpoenas.  Upon request by the Civil Rights Division, the Attorney General may institute a civil action in the General Court of Justice to seek injunctive relief to restrain further discriminatory action and for such other relief that the court may deem proper."
Sec. 4.  This act is effective upon ratification.