FILED SENATE
Mar 23, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 364
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS15158-LR-88
Short Title: Nondiscrimination in State Employee Hiring. (Public)
Sponsors: Senators Daniel, Johnson, and Overcash (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT AMENDING THE STATE HUMAN RESOURCES ACT TO PROHIBIT
3 COMPELLED SPEECH WHEN AN INDIVIDUAL SEEKS STATE GOVERNMENT
4 EMPLOYMENT.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. Article 5 of Chapter 126 of the General Statutes is amended by adding
7 a new section to read:
8 "§ 126-14.5. Compelled speech prohibited.
9 (a) Each State agency, department, and institution shall comply with the following:
10 (1) Refrain from soliciting or requiring an applicant for employment to endorse
11 or opine about beliefs, affiliations, ideals, or principles regarding matters of
12 contemporary political debate or social action as a condition of employment.
13 (2) Refrain from soliciting or requiring an applicant for employment to describe
14 the applicant's actions in support of, or in opposition to, the beliefs,
15 affiliations, ideals, or principles identified in subdivision (1) of this
16 subsection.
17 This subsection shall not infringe on the ability of an applicant for employment to voluntarily
18 opine or speak regarding any matter, including matters of contemporary political debate or social
19 action.
20 No application for employment shall inquire into matters prohibited as compelled speech
21 under this subsection.
22 (b) Nothing in this section shall be construed to:
23 (1) Prohibit discussion with or questions to an applicant regarding the content of
24 the applicant's resume.
25 (2) Affect the ability of the prospective employing agency from complying with
26 applicable federal or State law, including employment oaths, appointment
27 affidavits, and licensure and certification requirements.
28 (3) Apply to speech protected by the First Amendment of the U.S. Constitution."
29 SECTION 2. G.S. 126-5 is amended by adding a new subsection to read:
30 "(c19) Notwithstanding any provision of law to the contrary, G.S. 126-14.5 shall apply to all
31 exempt and nonexempt State employees in the executive, legislative, and judicial branches."
32 SECTION 3. This act is effective when it becomes law.
*DRS15158-LR-88*


Statutes affected:
Filed: 126-5
Edition 1: 126-5
Edition 2: 126-5
Edition 3: 126-5
Edition 4: 126-5
Ratified: 126-5
SL 2023-62: 126-5