North Carolina

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Know the laws in your state that protect LGBT people and people living with HIV.

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Lambda Legal and ACLU Announce Proposed Settlement With North Carolina in Lawsuit Challenging Anti-LGBT Law

Transgender people in North Carolina will not be barred from using public restrooms and other facilities that match their gender identity. Read More »

Workplace

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Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?

Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

HIV & Healthcare

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Does the state explicitly ban transgender exclusions in health insurance?

Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?

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Does this state have an HIV criminalization law?

YES, North Carolina has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct. A violation of this statute is classified as a misdemeanor.

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Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in this state in recent years?

YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in North Carolina.

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Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

NO, North Carolina does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.

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Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

NO, North Carolina does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.

Parenting

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Who may adopt?

Any adult. But if the petitioner is unmarried, no other person may join. See N.C. Gen. Stat. 48-1-103, 48-2-301.

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Second-parent adoptions:

No longer available. Second-parent adoptions were ruled invalid and an adoptive mom’s adoption order was voided based on the state supreme court’s determination in Boseman v. Jarrell, 704 S.E.2d 494 (N.C. 2010). However, the Boseman court granted the former adoptive mother standing to seek custody of her child based on her former partner’s actions in creating and fostering a parent-child relationship.

Non-legal parents may be able to protect their relationship with their child in the event of a breakup in reliance on Boseman v. Jarrell and other cases. We strongly advise consulting a family lawyer familiar with LGBT issues as soon as you and your partner decide to both become parents.

Hostile climate for lesbians and gay men, as seen in the custody decision Pulliam v. Smith, 501 S.E.2d 898 (N.C. 1998).