WILLIAMS v. BLUE CROSS BLUE SHIELD OF NC

No. 277PA01.

581 S.E.2d 415 (2003)

357 N.C. 170

Mary WILLIAMS, Plaintiff v. BLUE CROSS BLUE SHIELD OF NORTH CAROLINA, Defendant v. Orange County, Orange County Board of Commissioners, and Orange County Human Relations Commission, Counterclaim Defendants.

Supreme Court of North Carolina.

June 13, 2003.


Attorney(s) appearing for the Case

Maupin Taylor & Ellis, P.A. by Thomas A. Farr, M. Keith Kapp, Kevin W. Benedict, and Terence D. Friedman, Raleigh, for defendant-appellee Blue Cross Blue Shield of North Carolina.

Coleman, Gledhill & Hargrave, P.C. by Geoffrey E. Gledhill and S. Sean Borhanian, Hillsborough; and The Brough Law Firm by Michael B. Brough, Chapel Hill, for defendant-appellants Orange County, Orange County Board of Commissioners, and Orange County Human Relations Commission.

Office of the City Attorney by Emanuel McGirt, for City of Durham, amicus curiae.

Elliot, Pishko, Gelbin & Morgan, P.A. by Robert M. Elliot and J. Griffin Morgan, on behalf of the North Carolina Academy of Trial Lawyers; and Seth H. Jaffe, for the American Civil Liberties Union of North Carolina Legal Foundation, Inc., amici curiae.

Van Hoy, Reutlinger & Adams by Philip Marshall Van Hoy and Stephen John Dunn, on behalf of Employers Association and Capital Associated Industries, Inc., amici curiae.

Edwards, Ballard, Clark, Barrett and Carlson, P.A. by Kenneth P. Carlson, Jr., on behalf of North Carolina Society of Human Resource Management, amicus curiae.

North Carolina Association of County Commissioners by C. Ronald Aycock, Counsel and Executive Director; and S.C. Kitchen, Durham County Attorney, amicus curiae.

Office of the County Attorney by E. Holt Moore, III, for New Hanover County Human Relations Commission, amicus curiae.

City of Asheville by Robert W. Oast, Jr., City Attorney, amicus curiae.

City of Durham, by Emanuel McGirt, City Attorney, amicus curiae.

Moore & Van Allen, PLLC by George M. Teague, on behalf of North Carolina Citizens for Business and Industry; and P. Andrew Ellen for the North Carolina Retail Merchants Association, amici curiae.


EDMUNDS, Justice.

In this action, we are called upon to determine: (1) whether the North Carolina General Assembly violated Article II, Section 24 of the North Carolina Constitution by ratifying enabling legislation permitting Orange County, the Orange County Board of Commissioners, and the Orange County Human Relations Commission (collectively, counterclaim defendants) to enact and enforce the employment provisions of an antidiscrimination ordinance entitled the...

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