Justice Department Withdraws Lawsuit Over HB2 'Bathroom Bill'

Posted April 15, 2017

The Trump administration dropped a lawsuit accusing North Carolina of discriminating against LGBT residents on Friday in response to the state's decision to undo its "bathroom bill", according to the Associated Press.

"And though North Carolina formally replaced HB2, the continued allowance of discrimination is inherent in the spirit [of] HB142", Inslee continues. So, like its predecessor, it basically does nothing to protect LGBT individuals from discrimination, although it was enough to curry the favor of the ACC and NCAA, which had pulled tournaments from North Carolina as a result of HB 2.

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The mayors of some of North Carolina's biggest cities are asking their colleagues across the country to end travel boycotts over a law critics say continues discrimination against LGBT people. "We take pride in protecting the rights of all our people". Other states that have similarly reaffirmed their bans are California and Minnesota. But some Democrats and LGBT rights groups have assailed the compromise as a repeal in name only, noting that it is not a full repeal and blocks governments from enacting similar ordinances until 2020.

"The elected officials of North Carolina enacted compromise legislation that repealed HB2 and replaced it with a new law, HB142, that addressed a number of the concerns that led to the relocation of the NCAA championships".

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Becerra said, "North Carolina's new law does not cure the infirmity of this type of discrimination". The ACC has not yet provided comment on the new bill. The new law restores the pre-HB2 statute of limitations for wrongful discharge claims that arise under state law, N.C. Gen. Stat. §143-422.2, which declares it against North Carolina public policy to discriminate on the basis of race, religion, color, national origin, age, biological sex, or handicap. The organizations will continue to defend the right of transgender people to use restrooms and changing facilities consistent with their gender identity, as federal law requires. And the repercussions show little signs of easing after a year marred by boycotts, partisan rancor and finger-pointing-nearly two-thirds of North Carolina voters say they would rather eliminate HB2's negative economic impact over enforcing the law.

For the moment, private employers doing business in North Carolina have some certainty about bathroom access rules, state law wrongful discharge claims, and the scope of workplace nondiscrimination protections afforded to workers.

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I doubt the LGBTQ community finds solace in the new North Carolina bill or the return of college basketball.