Bloomberg Law for HR Professionals is a complete, one-stop resource, continuously updated, providing HR professionals with fast answers to a wide range of domestic and international human resources...
July 19 — North Carolina Gov. Pat McCrory (R) signed into law July 18 an employment discrimination measure that reverses part of a controversial bill on sexual orientation that led to a public outcry and a Justice Department lawsuit.
Under H.B. 169, workers again have the right to sue in state court over wrongful discharge based on discrimination. Despite calls to fully repeal the original bill ( H.B. 2), passed in March, lawmakers have left intact the portion that requires people in public buildings to use restrooms associated with their gender at birth.
The section of H.B. 2 that prohibits cities and counties from enacting protections for lesbian, gay, bisexual and transgender people beyond what is offered by the state was also left in place.
North Carolina has been the target of economic boycotts and lawsuits over H.B. 2, which critics say promotes discrimination against LGBT people.
A lawsuit filed by the federal government over that law's requirement that public agencies deny transgender people access to multiple-occupancy bathrooms and changing facilities consistent with their gender identity is pending ( United States v. North Carolina, M.D.N.C., No. 1:16-cv-00425, complaint filed 5/9/16 ).
Dozens of companies, including Bloomberg BNA parent Bloomberg LP, have filed legal briefs in support of the Department of Justice's lawsuit.
The state legislature has adjourned for the year.
H.B. 169 restores employees' right to sue in North Carolina courts retroactive to March 23, the date H.B. 2 took effect. However, the new law also reduces the statute of limitations on such wrongful discharge claims to one year, from three.
Attorneys told Bloomberg BNA after the bill passed the legislature that the reduced statute of limitations for discrimination claims differed from that for claims based on other areas of public policy and could create certain logistical complications.
For example, discrimination charges are often filed first with the Equal Employment Opportunity Commission, said Kevin Murphy, an employment attorney at Van Kampen Law in Charlotte, N.C. EEOC investigations often take longer than a year, which could force plaintiffs to file their state lawsuits without the benefit of commission findings, he said.
—With assistance from Chris Marr.
To contact the reporter on this story: Andrew M. Ballard in Raleigh, N.C., at firstname.lastname@example.org
To contact the editor responsible for this story: Susan J. McGolrick at email@example.com
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)