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The NC bill HB2, made it no longer possible for a city in NC to pass a sweeping law like this. Now it must be done at the state level. That is all.
Yes. The law limits how people pursue claims of discrimination because of race, religion, color, national origin, biological sex or handicap in state courts. The law also means a city or county cannot set a minimum wage standard for private employers.
originally posted by: kaylaluv
Transgenders have been going into the bathrooms of their identified gender (not their born gender) for a long time and no one has really noticed. It hasn't been an issue.
I do realize that HB2 made it so any laws dealing with discrimination need to be done at the state level. So you don't have a mish mash of laws in different parts of the state.
“This Article does not create, and shall not be construed to create or support, a statutory or common law private right of action, and no person may bring any civil action based upon the public policy expressed herein.”
Eliminating “civil actions” simply means “cannot sue” and not being able to sue, or go to court, puts workers right back where they were in the 1970s. That is, for the first time in decades, North Carolina courts closed their doors to those fired because of their race, sex, age, disability, national origin, or religion. Those wrongfully terminated are left with only federal discrimination laws, which are largely inferior to the now defunct state discrimination claims. North Carolina joins Mississippi as the only two states that do not offer their citizens state law protection against the most basic forms of discrimination. Let that sink in.
The legislation doesn’t stop there, however. Tucked inside is language that strips North Carolina workers of the ability to sue under a state anti-discrimination law, a right that has been upheld in court since 1985. “If you were fired because of your race, fired because of your gender, fired because of your religion,” said Allan Freyer, head of the Workers’ Rights Project at the N.C. Justice Center in Raleigh, “… you no longer have a basic remedy.”
“The LGBT issues were a Trojan horse,” added Erika Wilson, a law professor at the University of North Carolina who co-directs a legal clinic for low-income plaintiffs with job and housing discrimination claims. The broader change hasn’t received much attention, she said, because “people were so caught up in [the LGBT] part of the law that this snuck under the radar.”
Conservative-leaning groups have been trying for decades to reduce the number of civil lawsuits in the states. In HB2, lawmakers accomplished this by adding a single sentence to the state’s employment discrimination law that says: “[No] person may bring any civil action based upon the public policy expressed herein.”