NC Local Ordinances Passed Prohibiting Discrimination in Housing, Public Accommodations & Employment based on LGBTQ+ Status

In January 2021, several local jurisdictions in North Carolina passed ordinances prohibiting discrimination based on sexual orientation and gender identity in certain situations.  Although the North Carolina General Assembly had created a moratorium on such legislation through 2017 N.C. H.B. No. 142, those provisions expired on December 1, 2020.

The cities of Durham and Greensboro amended their existing fair housing ordinances to prohibit housing discrimination based on sexual orientation and gender identity (as well as hairstyle) in housing; both cities also added prohibitions on such discrimination in public accommodations and employment.

The towns of Hillsborough, Carrboro, and Chapel Hill all passed legislation prohibiting discrimination in public accommodations and employment based on sexual orientation and gender identity. Orange County also passed legislation prohibiting discrimination in public accommodations and public services. While these ordinances may not apply to the rental or sale of most private housing, they do apply to hotels and motels, short-term rentals, and many shelters, as these types of facilities are considered places of public accommodation. Furthermore, under HUD’s February 11, 2021, memorandum, sexual orientation and gender identity are prohibited in private housing under the federal Fair Housing Act as forms of “sex” discrimination. Click here to read more about the HUD’s new interpretation of “sex” discrimination.

As of February 3, 2021, the North Carolina jurisdictions that passed LGBTQ nondiscrimination ordinances are:

• Town of Hillsborough: Prohibits discrimination in public accommodations and employment based on “race, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief, age, or disability.” Violation is a Class 3 misdemeanor and/or enforcement action brought by the Town. Hillsborough Code of Ordinances, Section 5-11.a, et seq. (passed on January 11, 2021).
• Town of Carrboro: Prohibits discrimination in public accommodations and employment based on “race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief or non-belief, age, or disability.” Violation is a Class 3 misdemeanor and/or enforcement action brought by the Town. Carrboro Town Code, Section 8-81, et seq. (passed on January 12, 2021).
• Town of Chapel Hill: Prohibits discrimination in public accommodations and employment based on “race, ethnicity, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, national ancestry, marital status, familial status, pregnancy, veteran status, religion, religious belief or non-belief, age, or disability.” Violation subject to enforcement action by the Town. Chapel Hill Town Code, Section 10-243, et seq. (passed on January 13).
• City of Durham: Amends city ordinances prohibiting discrimination in housing, public accommodations, and employment. With regard to housing, prohibits discrimination based on “race, color, religion, national origin, sex, disability, familial status, military status, sexual orientation, gender identity, or protected hairstyle.” “Protected hairstyle means any hairstyle, hair type, or hair texture historically associated with race such as, but not limited to, braids, locks, twists, tight coils or curls, cornrows, Bantu knots, and afros.” City of Durham Code of Ordinances, Sections 34-3 (definitions), 34-47 (housing), 34-92 (public accommodations), 34-93 (employment) (passed on January 19).
• City of Greensboro: Amends city ordinances prohibiting discrimination in housing, public accommodations, and employment to clarify (1) that discrimination based on sex shall include discrimination based on “sexual orientation, gender expression, or gender identity” and (2) that discrimination based on race and national origin shall include discrimination based on “hair texture and hairstyles that are commonly associated with race or national origin.” Greensboro City Code, Sections 12-61 (policy), 12-96 (public accommodations), 12-111 (employment), 12-132 (housing) (passed on January 19).
• Orange County: Prohibits discrimination in public accommodations and public services based on “race, ethnicity, color, national origin, religion, creed, sex, sexual orientation, gender, gender identity, gender expression, marital status, familial status, source of income, disability, political affiliation, veteran status, [and] disabled veteran status.” Orange County Code of Ordinances, Section 12-50, et seq. (passed on January 19).