AN ACT defining anti‑semitism for purposes of investigating and determining whether there has been a violation of state law or policy prohibiting discriminatory acts or practices on the basis of race, ethnicity, national origin, or religious affiliation.

The General Assembly of North Carolina enacts:

part I. crimes involving anti‑semitic discrimination

SECTION 1.1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:

Article 62.

Anti‑Semitism Defined for Criminal Investigations.

§ 14‑465.  Standard for determining anti‑Semitic discrimination.

In determining whether a person charged with a crime under this Chapter was motivated to commit the crime by the victim's race, ethnic origin, or religious affiliation, a law enforcement officer, court, or other relevant authority shall take into consideration (i) the working definition of anti‑Semitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and incorporated into federal Executive Order 13899, 84 Federal Register 68779 and (ii) the Contemporary Examples of Anti‑Semitism identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory anti‑Semitic intent.

SECTION 1.2.  This Part becomes effective December 1, 2023, and applies to offenses committed on or after that date.

part ii. employment complaints alleging anti‑semitic discrimination

SECTION 2.1.  Article 49A of Chapter 143 of the General Statutes is amended by adding a new section to read:

§ 143‑422.4.  Standard for determining anti‑Semitic discrimination.

In determining whether a person alleging anti‑Semitic bias has been discriminated against by reason of race, ethnic origin, or religious affiliation in violation of this Article, a court or other relevant authority shall take into consideration (i) the working definition of anti‑Semitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and incorporated into federal Executive Order 13899, 84 Federal Register 68779 and (ii) the Contemporary Examples of Anti‑Semitism identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory anti‑Semitic intent.

SECTION 2.2.  G.S. 95‑151 reads as rewritten:

§ 95‑151.  Discrimination.

(a)        No employer, employee, or any other person related to the  administration of this Article shall be discriminated against in any work, procedure, or employment by reason of sex, race, ethnic origin, or by reason of religious affiliation.

(b)        In determining whether a person alleging anti‑Semitic bias has been discriminated against by reason of race, ethnic origin, or religious affiliation in violation of this section, a court or other relevant authority shall take into consideration (i) the working definition of anti‑Semitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and incorporated into federal Executive Order 13899, 84 Federal Register 68779 and (ii) the Contemporary Examples of Anti‑Semitism identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory anti‑Semitic intent.

part iii. equal employment opportunity training

SECTION 3.1.  G.S. 126‑16.1 reads as rewritten:

§ 126‑16.1.  Equal employment opportunity training.

(a)        Each State agency, department, and institution and The University of North Carolina shall enroll each newly appointed supervisor or manager within one year of appointment in the Equal Employment Opportunity training offered or approved by the Office of State Human Resources.

(b)        The training provided pursuant to subsection (a) of this section shall include training on anti‑Semitic bias as unlawful discrimination by reason of race, religion, or national origin utilizing (i) the working definition of anti Semitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and incorporated into federal Executive Order 13899, 84 Federal Register 68779 and (ii) the Contemporary Examples of Anti Semitism identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory anti‑Semitic intent.

part iv. housing complaints alleging anti‑semitic discrimination

SECTION 4.1.  Chapter 41A of the General Statutes is amended by adding a new section to read:

§ 41A‑5.5.  Standard for determining anti‑Semitic discrimination.

In determining whether a person alleging anti‑Semitic bias has been discriminated against by reason of race, religion, or national origin in violation of this Chapter, a court or other relevant authority shall take into consideration (i) the working definition of anti‑Semitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and incorporated into federal Executive Order 13899, 84 Federal Register 68779 and (ii) the Contemporary Examples of Anti‑Semitism identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory anti‑Semitic intent.

part v. civil rights violations alleging anti‑semitic discrimination

SECTION 5.1.  G.S. 99D‑1 is amended by adding a new subsection to read:

(d)      In determining whether a person alleging anti‑Semitic bias has been discriminated against by reason of race, religion, or ethnicity in violation of this Chapter, a court or other relevant authority shall take into consideration (i) the working definition of anti‑Semitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and incorporated into federal Executive Order 13899, 84 Federal Register 68779 and (ii) the Contemporary Examples of Anti‑Semitism identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory anti‑Semitic intent.

part vi. construction of act

SECTION 6.1.  Nothing in this act shall be construed to do either of the following:

(1)        Diminish or infringe upon any right protected under the First Amendment of the United States Constitution or Section 14 of Article I of the Constitution of the State of North Carolina.

(2)        Conflict with federal, State, or local discrimination laws.

part vii. severability

SECTION 7.1.  If any part of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional.

part vIii. effective date

SECTION 8.1.  Except as otherwise provided, this act becomes effective October 1, 2023, and applies to claims arising on and after that date.