NC Statute prohibits “compelled speech” and ensures “dignity and nondiscrimination” in state government workplaces

Effective June 27, 2023, North Carolina law was amended to prohibit state government and agencies from compelling certain forms of employee speech and to ensure “dignity and nondiscrimination” in state government workplaces.

§ 126-14.5, Compelled speech prohibited, provides:
(a) Each State agency, department, and institution shall comply with the following:
(1) Refrain from soliciting or requiring an applicant for employment to endorse or opine about beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action as a condition of employment.
(2) Refrain from soliciting or requiring an applicant for employment to describe the applicant’s actions in support of, or in opposition to, the beliefs,
affiliations, ideals, or principles identified in subdivision (1) of this subsection.

However, the statute does not “infringe on the ability of an applicant for employment to voluntarily opine or speak regarding any matter, including matters of contemporary political debate or social action.”

§ 126-14.6, Ensuring dignity and nondiscrimination in State government workplaces, provides that State employees are required to respect the dignity of others, acknowledge the right of others to express differing opinions, and the right to freedom of speech and association.

Specifically, the statute prohibits state agencies from promoting in workplaces or as part of employee training programs the following:

1. One race or sex is inherently superior to another race or sex.
2. An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive.
3. An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.
4. An individual’s moral character is necessarily determined by his or her race or sex.
5. An individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
6. Any individual, solely by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress.
7. A meritocracy is inherently racist or sexist.
8. The United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex.
9. The United States government should be violently overthrown.
10. Particular character traits, values, moral or ethical codes, privileges, or beliefs should be ascribed to a race or sex or to an individual because of the
    individual’s race or sex.
11. The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups.
12. All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness.
13. Governments should deny to any person within the government’s jurisdiction the equal protection of the law.