Nondiscrimination Ordinance Protections Expanded

By Justin Lyons, CRC Member

In early August, Charlotte’s City Council unanimously approved the expanded legal protections to residents, specifically those who come from marginalized communities. The updates to the nondiscrimination ordinance (NDO) apply to the city code that governs public accommodations, passenger vehicles for hire and procurement.

The Charlotte-Mecklenburg Community Relations Committee (CRC) is the human relations agency for the City of Charlotte and Mecklenburg County. Since 1968, it has been responsible for administering the City’s Public Accommodations Ordinance, which prohibits discrimination on the basis of race, sex, color, religion and national origin with respect to access to public places.

The recent updates to the NDO, which took effect on Oct. 1, include new protected classes:

• Familial status (having children in your custody who are under 18 years of age)
• Sexual orientation
• Gender identity (which gender one identifies with, if any)
• Gender expression (how one expresses their gender identity)
• Veteran status
• Pregnancy
• Natural hairstyles

Starting in January 2022, the ordinance will make it unlawful for any employer in the city of Charlotte to fail or refuse to hire a person in any employment matter because of their protected status. The amendments do not address public bathroom accommodations, which are regulated by the North Carolina legislature.

“Residents will now be able to access all public spaces in the community and not be denied because of their protected status,” said Willie Ratchford, executive director of the Charlotte-Mecklenburg Community Relations Department. “These same protections will now apply to all who seek employment in Charlotte, regardless of the number of employees the employer has. Prior to this change, employers with less than 15 employees were exempt from federal employment discrimination law.”

The changes are significant given the historical context when reflecting on the nearly sixty years since the passage of the 1964 Civil Rights Act, up to five years ago when the state of North Carolina blocked Charlotte’s effort to expand its NDO with HB2 (House Bill 2). “Adding seven new protections to any civil rights legislation or ordinance is major and historically significant,” Ratchford explained. “These additions are also a reminder of how much our nation and city are much more accepting of difference, diversity, equity and inclusion than they were decades ago, or even 10 years ago.”

Ahead of the ordinance taking effect, Ratchford and his 17-person team are preparing for the likely increase in complaints and investigative work. The CRC already addresses complaints of discrimination through enforcement of the city’s Fair Housing Ordinance and compliance with the Americans with Disabilities Act (ADA). The updated ordinance will charge the CRC with receiving, investigating and resolving issues of discrimination in public accommodations and with employment in our city.

Building on existing news coverage, the CRC plans to expand outreach and engagement in the city so that more residents understand these new protections and the available services if they experience discrimination in public places or in the workplace. “Staff will interact with more diverse groups and segments of the community as it fosters the mission of CRC to empower, collaborate, engage, and promote opportunities to create positive outcomes for members of the newly protected classes,” Ratchford said.

The CRC, a board made up of 45 residents who are appointed to guide the department’s work, will play a critical role in the administration on the updated non-discrimination ordinance. “The primary role of CRC members in this capacity will be to serve on the Conciliation Division, as appointed by the Mayor,” Ratchford detailed. “Those members will serve as a hearing panel for complaints that stall after a cause finding or when staff are unable to successfully conciliate the matter.”

On Oct. 5, Mecklenburg Board of County Commissioners also passed a nondiscrimination ordinance to extend LGBTQ protections and protections for people with natural hairstyles.

If you would like to be considered for the Community Relations Committee, please apply for the board here.