North Carolina Takes Stand on Political Opinions and Ideological Promotion in Hiring and Training

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published June 05, 2023

North Carolina Takes Stand on Political Opinions and Ideological Promotion in Hiring and Training

In a move to safeguard job applicants from being coerced into discussing politics and culture during the hiring process and to prevent certain ideological concepts from being promoted, North Carolina's government personnel laws are undergoing significant changes. The state's House of Representatives voted 72-46 in favor of extending these regulations beyond state agencies to include the University of North Carolina and community college systems. While not explicitly named, the measure is seen as a response to concerns over critical race theory, a complex framework that explores the presence of racism within societal structures.

The Senate had previously passed a narrower version of the bill and now faces accepting the broader House version. Senator Warren Daniel, a sponsor of the Senate bill, expressed confidence that Senate leaders would support the House's proposed changes. This legislation also addresses concerns regarding compelled speech in hiring, tenure, and admissions decisions within the University of North Carolina system, a policy already approved by the UNC Board of Governors in February.

While critical race theory is not explicitly mentioned in the competing House and Senate measures, Republican lawmakers in other states have predominantly focused on restricting discussions of racism and sexism in classrooms. In March, the North Carolina House passed an education-centered bill that prohibits specific instructions on these topics, which is currently pending in the Senate. Notably, Governor Roy Cooper vetoed a similar bill in 2021, arguing it would introduce politics into education. Given the current Republican majority in both chambers, they hold veto-proof majorities.

The proposed state worker legislation seeks to prevent agencies from pressuring job applicants to disclose their political beliefs or affiliations as a condition of employment. Applicants will still have the option to voluntarily share their thoughts or respond to relevant items on their resumes. Exceptions will be made for workers hired to serve in an elected official's administration, as they are not subject to personnel protections.

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The legislation also prohibits the promotion of ideas that assert the inherent superiority of one race or sex over another or that make individuals feel guilty for actions committed by others of the same race or sex. It also includes particular views about the U.S. government, the "rule of law," and character traits. The bill's proponents highlight concerns about worker training programs in some UNC system schools that emphasize social justice and address "unconscious" racial bias.

Critics, including Democrats and their advocates, argue that the language in the bill is unconstitutionally vague and could have a chilling effect on speech. They believe it will hinder state workers from recognizing and addressing their unconscious biases. Representative Abe Jones, a former judge, cautioned against legislation targeting speech, calling for careful consideration before proceeding.

The influence of former President Donald Trump is also evident in this legislation, as he popularized the idea of extending these restrictions beyond schools with an executive order in 2020. The order prohibited federal agencies and contractors from including concepts in employee training sessions deemed "anti-American race and sex stereotyping and scapegoating." Republicans have utilized the debate surrounding critical race theory as a political tool to curtail discussions on systemic inequality, inherent bias, and white privilege.
With the proposed changes to personnel laws in North Carolina, the state seeks to strike a delicate balance between protecting job applicants' freedom of expression and ensuring a fair and merit-based hiring process. As the Senate decides on the bill's final version, the broader implications of these measures on public discourse and educational institutions will be closely watched by advocates and critics alike.
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