§ 126-14.5. Compelled speech prohibited.

211 words·~1 min read·/nc/chapter-126/126-14-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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. (2023-62, s. 1(a).)