North Carolina is on notice: The U.S. Justice Department says HB2, an anti-LGBT North Carolina law, violates the federal Civil Rights Act.
The Department sent Governor Pat McCrory a letter notifying him of the violation and giving the state until Monday, May 9 to confirm they will not implement or comply with the law, which bars municipalities from protecting their LGBT citizens through anti-discrimination laws.
Since the McCrory signed the law in March, North Carolina has endured protests, boycotts and lost millions from businesses, conventions, concerts and events pulling out of the state in protest.
The Charlotte Observer obtained a copy of the letter and published some excerpts:
“Title VII prohibits an employer from discriminating against an individual on the basis of sex and from otherwise resisting the full enjoyment of Title VII rights….
“Federal courts and administrative agencies have applied Title VII to discrimination against transgender individuals based on sex, including gender identity….
“Access to sex-segregated restrooms and other workplace facilities consistent with gender identity is a term, condition or privilege of employment. Denying such access to transgender individuals, whose gender identity is different from the gender assigned at birth, while affording it to similarly situated non-transgender employees, violates Title VII …
“HB 2…is facially discriminatory against transgender employees on the basis of sex because it treats transgender employees, whose gender identity does not match their biological sex, as defined by HB2, differently from similarly situated non transgender employees…
Based upon the above, we have concluded that in violation of Title VII, the state is engaged in a pattern or practice of resistance to the full enjoyment of Title VII rights byu employees of public agencies…
“Please advise the department, therefore, no later than the close of business on May 9, 2016, whether you will remedy these violations of Title VII including by confirming that the state will not comply with or implement HB2….
“We further inform you that that today the department sent letters addressed to the NC Department of Public Safety and the University of NC similarly notifying them of our conclusion that they have engaged in violations of Title VII as well as violations of Title IX.”
