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Current as of January 01, 2023 | Updated by Findlaw Staff
(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.
(b) Nothing in subsection (a) shall 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.
(c) No application for employment shall inquire into matters prohibited as compelled speech under this section.
(d) Nothing in this section shall be construed to:
(1) Prohibit discussion with or questions to an applicant regarding the content of the applicant's resume, curriculum vitae, or other written work or oral remarks.
(2) Affect the ability of the prospective employing agency from complying with applicable federal or State law, including employment oaths, appointment affidavits, and licensure and certification requirements.
(3) Apply to speech protected by the First Amendment of the U.S. Constitution.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 126. North Carolina Human Resources Act § 126-14.5. Compelled speech prohibited - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-126-north-carolina-human-resources-act/nc-gen-st-sect-126-14-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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