U.S. Justice Department Brings Hammer Down On North Carolina’s Anti-LGBT HB2 Law (VIDEO)


On Wednesday, the U.S. Justice Department sent a letter to North Carolina Governor Pat McCrory’s office stating that House Bill 2 violates the U.S. Civil Rights Act.

The Justice Department gave state officials until Monday to comply “by confirming that the State will not comply with or implement HB2.”

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HB2 was originally designed to void Charlotte’s anti-discrimination ordinance and set a statewide standard which by omission discriminated against the LGBT community.

The letter states that North Carolina violates Title IX of the Civil Rights Act, which prohibits discrimination in education based on sex. It also says that HB2 violates Title VII, which prohibits employers from discriminating.

Vanita Gupta, principal deputy assistant attorney general said in the letter:

…The Department of Justice has determined that, as a result of compliance with and implementation of NC House Bill2, both you and the state of NC are in violation of Title VII of the Civil Rights Act 0f 1964…

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.

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.

Source: Charlotte Observer

North Carolina has already lost millions in revenue from numerous private businesses, artists, and organizations who have taken a stand against HB2. As a result, jobs are leaving, and the state’s reputation is forever damaged.

In fact, one report states that by April HB2 has cost North Carolina more than 1,750 jobs and $77 million dollars in investments and tourism. And over 100 businesses have signed a human rights petition against the state.

In April, a report from the Center for American Progress says that North Carolina could potentially lose more than $568 million in private-sector economic activity through 2018.

The impact on the state’s tourism industry could be profound. Many restaurants and hotels depend on a certain number of events to stay profitable each year. With so many events being cancelled, the backlash is expected to have ripple effects throughout North Carolina’s service industries. In April, Greensboro Mayor, Nancy Vaughan said this:

We had so many people that would have been able to see Greensboro, many for the first time, and now we won’t have that hotel and restaurant revenue,” she said. “My other concern is that acts we are currently in negotiations with could look at other venues. People we don’t have contracts with can just automatically take us off the list

Manufacturing has also taken a hit, with at least one out-of-state pharmaceutical company stating that it’s looking at other options for a new factory they planned to build in North Carolina:

New Jersey-based Braeburn Pharmaceuticals said it is ‘reevaluating our options based on the recent, unjust legislation’ whether to build a $20 million manufacturing and research facility in Durham County.” AP further reported that the facility would create 50 new jobs, paying an average salary of nearly $76,000

There’s also the issue of enforcement. Law enforcement agencies have confessed that they have no idea how to enforce provisions in HB2 that prohibit transgender people from using the facilities that they identify with. The Young Turks highlighted the most common sense problem with the “bathroom” provision, what happens when a transgender person does go into the bathroom of their “birth gender” but no longer resembles their original sex?

Under HB2, this man is legally be required to use women’s facilities.

hb2

Image via YouTube.

Imagine the legal trainwreck waiting to take place should a transgender person be arrested for obeying the law? Or even worse, what if they are forced to “prove” their gender to authorities?

If North Carolina doesn’t comply with the U.S. Justice Department, the state could lose millions in federal funds for education. So far this year, North Carolina schools have received $861 million in federal funding.


Featured image mashup via Dailytea.us and Opinion-forum.com

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