Charlotte nondiscrimination proposal too weak, say NC equal rights groups

As Charlotte City Council prepares to vote on expanding its nondiscrimination ordinance on Monday, local and statewide LGBTQ+ organizations are voicing concerns.

The latest draft of proposed changes would offer new workplace anti-discrimination protections but limit the ordinance’s reach to only small businesses in Charlotte. That comes even after there appeared to be enough support on the council to adopt an ordinance applicable to businesses of all sizes.

A statement released by a coalition of LGBTQ+ advocacy organizations on Friday afternoon urged the council to pass a “strong, comprehensive nondiscrimination ordinance” Monday and cites several concerns about the proposal’s current language.

While some protections exist at the state and federal level, advocates say, Charlotte’s ordinance could go further by adding nondiscrimination protection for people who wear natural hair and explicitly including gender identity. Additionally, state and federal nondiscrimination laws do not typically apply to businesses with 14 or fewer workers.

Local measures to enact wider anti-discrimination policies are commonly referred to as nondiscrimination ordinances or NDOs.

“LGBTQ people and others who work for larger employers should be able to access the protections afforded by our local ordinance and not be forced to rely on the often confusing, bureaucratic process allowed by the federal Equal Employment Opportunity Commission,” the coalition’s statement said.

The joint statement was signed by Campaign for Southern Equality, LGBTQ+ Democrats of Mecklenburg County, Equality North Carolina, Charlotte Black Pride, Carolinas LGBT+ Chamber of Commerce, The Freedom Center, Charlotte Pride and Transcend Charlotte.

The groups also take issue with the proposed ordinance’s lack of tough penalties.

The current draft of amendments to the nondiscrimination ordinance does not include a provision about levying fines against businesses that violate the ordinance. If adopted, the Charlotte ordinance would route discrimination complaints through the city’s Community Relations Committee, and violations would go as a referral to the City Attorney’s office.

“Other cities such as Durham and Asheville have added penalties and enforcement to their ordinances — and Charlotte should do the same,” the statement reads. “Without these mechanisms, the ordinance will only be a suggestion, no more powerful than a resolution.”

The Observer reported Friday that issues of both enforcement and broader regulations on employers fall in a murky legal area of municipal powers in North Carolina.

The coalition of LGBTQ+ and equality groups on Friday called on the City Council to pass a nondiscrimination ordinance as expected Monday but commit to strengthening enforcement and penalty provisions within a month. Such a move would likely require a second round of public hearings and vote.

This story was originally published August 6, 2021 at 4:44 PM.

Devna Bose

The Charlotte Observer

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Devna Bose is a reporter for the Charlotte Observer covering underrepresented communities, racism and social justice. In June 2020, Devna covered the George Floyd protests in Charlotte and the aftermath of a mass shooting on Beatties Ford Road. She previously covered education in Newark, New Jersey, where she wrote about the disparities in the state’s largest school district. Devna is a Mississippi native, a University of Mississippi graduate and a 2020-2021 Report for America corps member.