In 2021, both Asheville and Buncombe County adopted ordinances banning discrimination in private employment and public accommodations. These ordinances took effect on July 1, 2021. While North Carolina has no statewide law that protects all these classes, these local ordinances have stepped in to fill the gap. Keeping up with those regulations is essential for employers, including both Asheville and Buncombe County-based businesses and employers with remote employees working from those areas.
From knowing what classes are protected and who is covered by those ordinances to the complaint process, we’ll make sure you know everything you need to know about how to keep your business in compliance.
How We Got Here: A Brief Background
From March 30, 2017, through December 1, 2020, state law (HB 142, which followed HB 2) barred NC local governments from regulating private employment and public accommodations. After that ban ended, the City and County worked together to forge a united approach that would allow them to prevent discrimination in private businesses. Buncombe County passed its ordinance on April 20, 2021, with Asheville following on April 27, 2021. This made Buncombe County the 7th local North Carolina government to adopt an anti-discrimination ordinance, and Asheville the 8th.
Which Protected Classes Does the Ordinance Cover?
There are several protected classes covered by the ordinances. Because of the unified approach, both Buncombe County and Asheville include the same classes:
- Race
- Natural hair or hairstyles
- Ethnicity
- Creed
- Color
- Sex
- Sexual orientation
- Gender identity or expression
- National origin or ancestry
- Marital or familial status
- Pregnancy
- Veteran status
- Religious belief or non-belief
- Age
- Disability
As an employer, noting and understanding all those categories can prove essential in ensuring that you do not inadvertently engage in discrimination.
Protections Beyond Federal Law
Federal law offers protections for many classes, including race, ethnicity, color, and sex. However, the Asheville and Buncombe County statutes offer additional protections in several areas. The ordinances specifically call out natural hair, veteran status, marital or familial status, and religious non-belief – none of which are named as standalone federal categories. While some of these things may be covered by the listed federal categories, Asheville and Buncombe County both spell out specific protections.
Who Must Comply? Employers, Businesses and Places of Public Accommodation
These statutes cover businesses inside specific geographic areas. The City ordinance covers all businesses within Asheville city limits. The County ordinances, on the other hand, are described as covering the “unincorporated Buncombe County” area. That may include Alexander, Arden, Asheville, Barnardsville, Biltmore, Biltmore Forest and Lake, Black Mountain, Fairview, Leicester, Montreat, and other surrounding cities and towns.
Employer Size
Under the Buncombe County ordinance, an employer is defined as anyone with “one or more persons” working in the county. For small businesses, this point is essential. Both Title VII and the ADA begin protections for businesses with 15 or more employees – and the ADEA starts at 20. That means that small businesses operating in the Asheville and Buncombe County areas may need to take a close look at those regulations regardless of how many employees they have.
Public Accommodations
Stores, restaurants, and businesses that serve the public must ensure that they are meeting these requirements and not discriminating against either employers or customers.
Housing
The housing requirement of the anti-discrimination ordinances is not directly enforced locally. Instead, the County helps residents file housing claims with the NC Human Relations Commission, which will assist them in taking further action and pursuing compensation for any losses incurred because of housing discriminations.
Exemptions
While the ordinances directly cover many instances of possible discrimination, they do allow some exemptions. For example:
- Bona fide occupational qualifications: If the employee cannot perform their job duties because of their protected class, including disability, they may not be eligible for that position.
- Religious organizations: Religious organizations can choose to hire individuals who practice that religion.
- Seniority and merit pay exceptions: Employers can choose to reward seniority and accomplishments.
In addition, some drug and alcohol testing policies, benefit plans, and private clubs may not be included as part of this ordinance.
What Is Prohibited?
The anti-discrimination ordinances prohibit several types of discrimination, including:
- Discrimination in hiring, firing, pay, promotion, and other terms and conditions of employment.
- Denying service or the full and equal use of a public accommodation.
For example, employers cannot have hairstyle-based dress codes that would imply discrimination against someone with a natural hairstyle. Likewise, a business cannot refuse service based on gender identity.
How the Complaint Procedure Works
The complaint process is similar between Asheville and Buncombe County. Below, we will take a look at the Buncombe County complaint procedure; however, the Asheville process is very similar, just run by the city.
1. A written, signed complaint is filed with the County Equity Officer or the City’s Office of Equity and Inclusion.
This office is now operating as the Office of Human Relations and Anti-Discrimination. Complaints can be filed online, in person, or by mail. The county deadlines include:
- 180 days for employment complaints
- 1 year for public accommodation complaints
Asheville has the same filing deadlines.
2. The respondent is notified.
The respondent is notified within 10 days of the complaint being filed; they then have 30 days to respond to the complaint.
3. Investigation.
The investigation aims to decide whether there was “reasonable cause” for apparent discrimination within 100 days. Reasonable cause may include elements like the exceptions laid out above or cases in which discrimination may have seemed to occur, but did not.
4. The parties attempt to resolve the complaint.
Generally, the parties attempt to resolve the complaint through mediation or conciliation. Remedies may include options like changes made in hiring processes or financial awards. Signed resolutions are considered enforceable contracts. If conciliation fails, the civil penalty is $100 per violation. Under the County ordinance, each day a violation continues counts as a separate violation. The County may also seek a court injunction. There are no criminal penalties.
5. Appeals may occur if one party is dissatisfied with the result.
Appeals in Buncombe County go to a three-person panel and must be filed within 10 days.
How the Ordinance Interacts with Federal (and State) Law
Federal and state law also have provisions that deal with potential discrimination. The Asheville and Buncombe County ordinances do not replace federal law; rather, they add to them. Employers with 15 or more employees still answer to the EEOC under Title VII and the ADA, and those with 20 or more under the ADEA. One incident could lead to both a local complaint and a federal charge. The County ordinance also includes a note that it cannot conflict with state or federal law, so if it any point those laws come into conflict, it could create an area of concern. However, as of 2026, the local ordinances serve only to issue additional protections for their residents.
Deadlines
In North Carolina, an EEOC charge must generally be filed within 180 days, which is similar to the employment discrimination deadline laid out in the Asheville and Buncombe County resolutions.
Requirements
The Asheville and Buncombe County ordinances cover sexual orientation and gender identity, making those things protected classes in hiring. In Bostock v. Clayton County (2020), the Supreme Court held that Title VII’s ban on sex discrimination covers sexual orientation and gender identity in employment. This critical case has guided the way many businesses approach federal protections; however, the local ordinance provides additional protection that is specifically spelled out.
Public Accommodations
Federal coverage comes from Title II of the Civil Rights Act, which does not include sex, and ADA Title III, which covers disability. While these federal provisions offer some protection against discrimination, the local ordinances provide a higher level of protection that can be incredibly beneficial to individuals in those classes.
Remedies
Federal claims often lead to back pay and damages. Local remedies, on the other hand, include primarily a modest fine. However, the reputational cost of failing to follow those regulations can still be significant – and some people are able to pursue additional reparation following significant discrimination.
What the First Few Years Have Shown
The first few years of a new ordinance can prove critical in testing its effectiveness and the protections actually provided. An Asheville Watchdog analysis found about 55 complaints filed in the first three years of the ordinances. Thus far, no discrimination findings have been reported. Most complaints were dropped or fell outside local jurisdiction. The most common types alleged race, disability and sex or gender discrimination.
However, low penalties – and the lack of previous findings – do not mean that discrimination is low risk for employers. A complaint still brings on an investigation that costs staff time and leads to public scrutiny. Not only that, an investigation by local authorities can expose problems that also violate federal law, leading to more significant consequences.
Practical Steps for Employers
As you consider these ordinances and how they may impact you as an employer, there are several things you can do to increase your protections.
- Update handbook EEO and anti-harassment policies to list all locally protected classes.
- Review dress and grooming codes for natural hair compliance.
- Train managers on the local ordinances and on how to respond if a complaint arrives.
- Document hiring, discipline, and termination decisions consistently.
- Set up an internal complaint channel so issues surface early.
These simple strategies not only decrease the odds of discrimination in your hiring practices, they can make it clear that your business is taking the steps necessary to protect against discrimination, which can work in your favor if a complaint does arise.
Stay in Compliance with Local, State, and Federal Regulations
From small businesses to large ones, keeping up with compliance regulations is essential. The anti-discrimination protections offered by local ordinances are broader than federal law and apply to even very small employers – and the complaint processes can prove difficult to navigate, especially if you weren’t expecting those issues.
Platinum Group provides cloud HR, payroll, and accounting services to Asheville, Western North Carolina, and businesses across the 48 contiguous United States. As an isolved Network Partner, Platinum Group pairs local, personal service with enterprise-grade HCM technology.
[DISCLAIMER: The information in this article is provided for general informational and educational purposes only and does not constitute legal, tax, or professional advice of any kind. Employment laws and regulations — at the federal, North Carolina, and local level — change frequently, and their application depends on the specific facts of your business. Nothing in this post should be relied upon as a substitute for advice from a licensed attorney or qualified HR professional familiar with your situation. Reading or using this content does not create an attorney-client relationship, an advisory relationship, or any other professional relationship between you and Platinum Group. We make reasonable efforts to keep this information current and accurate but make no representations or warranties, express or implied, about its completeness, accuracy, reliability, or applicability to your circumstances. Platinum Group and its employees, officers, and affiliates disclaim any and all liability for actions taken, or not taken, based on the contents of this article. Before implementing, revising, or relying on any employee handbook or workplace policy, consult a licensed employment attorney.]
