Chapter 75B.
Discrimination in Business.
§ 75B-1. Definitions.
The following words and phrases as used in this
Chapter shall have the following meaning unless the context
clearly requires otherwise:
(1) "Business," the manufacture, processing, sale,
purchase, licensing, distribution, provision, or
advertising of goods or services, or extension of
credit, or issuance of letters of credit, or any
other aspect of business;
(2) "Foreign government," all governments and
political subdivisions and the instrumentalities
thereof, excepting the government, p olitical
subdivisions, and instrumentalities of the United
States and the states, commonwealths, territories
and possessions of the United States, and the
District of Columbia;
(3) "Foreign person," any person whose principal
place of residence, business or domicile is
outside the United States, or any person
controlled directly or indirectly by such person
or persons; provided, however, that no person
shall be deemed a foreign person if after
reasonable inquiry and due diligence it cannot be
determined that any such person has a principal
place of residence, business, or domicile outside
the United States or is controlled by such person;
(4) "Foreign trade relationships," the dealing with
or in any foreign country of any person, or being
listed on a boycott list or compilation of
unacceptable persons maintained by a foreign
government, foreign person, or international
organization;
(5) "International organization," any association
or organization, with the exception of labor
associations, or organizations of which more than
a majority of the membership consists of foreign
persons or foreign governments; and
(6) "Persons," one or more of the following or
their agents, employees, servants,
representatives, directors, officers, partners,
members, managers, superintendents, and legal
representatives: individuals, corporations,
partnerships, joint ventures, associations, labor
organizations, educational institutions, mutual
companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees
in bankruptcy, receivers, fiduciaries, and all
other entities recognized at law by this
State.(1977, c. 916, s. 1.)
§ 75B-2. Discrimination in business prohibited.
It shall be unlawful for any person doing business in
the State or for the State of North Carolina:
(1) To enter into any agreement, contract,
arrangement, combination, or understanding with
any foreign government, foreign person, or
international organization, which requires such
person or the State to refuse, fail, or cease to
do business in the State with any other person who
is domiciled or has a usual place of business in
the State, based upon such other person's race,
color, creed, religion, sex, national origin or
foreign trade relationships;
(2) To execute in the State any contract with any
foreign government, foreign person, or
international organization which requires such
person or the State to refuse, fail or cease to do
business with another person who is domiciled or
has a usual place of business in the State, based
upon such other person's race, color, creed,
religion, sex, national origin, or foreign trade
relationships;
(3) To refuse, fail or cease to do business in the
State with any other person who is domiciled or
has a usual place of business in the State or with
the State when such refusal, failure, or cessation
results directly or indirectly from an agreement,
contract, arrangement, combination, or
understanding between the person who refuses,
fails or ceases to do business and any foreign
government, foreign person, or international
organization, and is based upon such other
person's race, color, creed, religion, sex,
national origin or foreign trade relationships;
(4) To discharge or to fail, refuse or cease to
hire, promote or appoint in the State any other
person who is domiciled in the State to any
position of employment or employment
responsibility when such refusal, failure or
cessation results from an agreement, contract,
arrangement, combination, or understanding with
any foreign government, foreign person, or
international organization and is based upon such
other person's race, color, creed, religion, sex,
national origin, or foreign trade relationships;
(5) To willfully and knowingly aid or abet any
other person to engage in conduct which is
prohibited by this Chapter.(1977, c. 916, s. 1.)
§ 75B-3. Actions not prohibited.
It shall not be unlawful under this Chapter:
(1) To engage in conduct required by or expressly
authorized by acts of the United States Congress,
a United States treaty, a United States
regulation, or a United States executive order;
(2) To enter into any agreement with an
international organization entirely composed of
member governments or their contracting
representatives which requires that a preference
or priority be given to the citizens or products
of one or more of such member governments;
(3) To enter into any agreement with respect to the
insuring, handling, or shipping of goods, or
choice of carrier while in international
transit.(1977, c. 916, s. 1.)
§ 75B-4. Enforcement.
The Attorney General may institute a civil action to
prevent or restrain violations of G.S. 75B-2.
A person injured by a violation of G.S. 75B-2 may maintain
an action for damages or for an injunction or both against
any person who has committed the violation.
In a proceeding under this section, the court shall
determine whether a violation has been committed and enter
any judgment or decree necessary to remove the effects of
any violation it finds and to prevent continuation or
renewal of the violation in the future.
If an application for an injunction is granted, after due
notice to all parties, a hearing thereon, and as a
disposition on the merits of such application, the
complainant may be awarded costs and reasonable attorney's
fees.
In an action for damages, if there is a willful violation
of G.S. 75B-2 the person injured may be awarded up to three
times the amount of actual damages which results from the
violation, with costs and reasonable attorney’s fees.(1977,
c. 916, s. 1.)
§ 75B-5. Remedies cumulative.
The remedies provided in this Chapter are
cumulative.(1977, c. 916, s. 1.)
§ 75B-6. Contracts void.
Any provision of any contract or other document or
other agreement which violates G.S. 75B-2 or which, if
complied with by the person intended to be bound by the
provision, would cause a violation of G.S. 75B-2 shall be
null and void as being against the public policy of the
State.(1977, c. 916, s. 1.)
§ 75B-7. Chapter not exclusive.
This Chapter shall not be deemed to supersede,
restrict or otherwise limit the continuing applicability of
the antitrust or anti-discrimination laws of the State.
(1977, c. 916, s. 1.)