Durham County Non-Discrimination Ordinance: Military Status

Durham County Code chapter 15, the "Non-Discrimination Ordinance of Durham County" adopted November 8, 2021, lists "military status" among its protected classes. Military status means being on active duty in, or in a reserve component of, any branch of the United States Armed Forces or of North Carolina's or another state's forces, or being a veteran of any of them, and it "does not include consideration of the characterization of a person's discharge". So a veteran with any discharge is covered. What it covers. An employer, meaning anyone employing one or more people in Durham County and anyone contracting with the county, may not refuse to hire, fire or otherwise discriminate in any matter of employment because of a protected class. No owner, manager or employee of a place of public accommodation may deny anyone its full and equal enjoyment. Religious organisations and members-only non-profit clubs are excluded, and so are federal, State and other government employers. Every bidder for a county contract certifies compliance. Where it applies. Under G.S. 153A-122 the chapter covers Durham County outside the limits of any city or town, unless a town opts in by agreement on enforcement. Most of the county's people live in the City of Durham, so check whether the employer or business is inside city limits before filing. How to complain. File on the county's complaint form within 180 days of the act, with the county's General Manager for Health and Well-Being for All or the person designated to administer the chapter. The county decides whether it has jurisdiction, investigates, and if the complaint is borne out offers voluntary conciliation. It can also seek an injunction under G.S. 153A-123. The chapter creates no private right to sue, a violation is not a crime, and it does not limit remedies under State or federal law. Filing with the county does not extend the deadline for a charge with the Equal Employment Opportunity Commission.