§ 12-21. Civil actions.

(a)

Civil actions brought by a Complainant after the issuance of a right-to-sue letter by the Commission shall be filed in the Superior Court no later than one year after issuance of the right-to-sue letter.

(b)

Parties to a civil action brought pursuant to this Chapter shall have the right to a jury trial as provided for by the North Carolina Rules of Civil Procedure.

(c)

Upon application by the Complainant and in such circumstances as the court may deem just, the court may authorize the commencement of the action without the payment of fees, costs, or security.

(d)

The court may award court costs and reasonable attorney's fees to the prevailing party with the following limitations:

(1)

Attorney's fees may not be awarded to the Commission; and

(2)

A prevailing Respondent may be awarded court costs and reasonable attorney's fees only upon a showing that the case is frivolous, unreasonable, or without foundation.

(e)

If the court finds that the Respondent has violated, is violating, or is about to violate this Ordinance, it may order such affirmative action as may be appropriate, including each of the remedies that may be recommended by an administrative law judge under this Ordinance.

(f)

No order of the court shall require the admission or reinstatement, or promotion of an individual as a member of a union, or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to the individual of any back pay, if such individual was refused admission, suspended, or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, national origin, age, disability, familial status, or veteran status in the United States armed services.

(Ord. of 8-3-1995, Art. X, eff. 1-1-1995)