Explanations of the implications of The New HB2 Law

The new law is a force that has to be reckoned with. Reading over a note from my company’s CEO that states that it added discrimination instead of deleting it sounds awfully wrong. Add on the fact that what is being publicized is about the use of restrooms by different sexed individuals just creates noise to the real issue at here. It is another ploy to keep you from thinking about the issues and worrying about the noise. The noise in this case is not as important as what is not being publicized. We have to get this out into the view of everyone.

This bill, which recently became law, declares that state law overrides all local ordinances concerning wages, employment and public accommodations. Under HB2, state law now prevents local communities from passing their own laws prohibiting discrimination against any group that is not named in the state law. North Carolina cities may not pass any law prohibiting discrimination based on, for example, sexual orientation, in public accommodations, employment or pay. Further, HB2 stipulates that people must use multiple occupancy restrooms consistent with the sex specified on their birth certificate, regardless of the gender with which they identify.

The big one here is the restrictions it puts on employment or pay in NC. When it comes to those things bathrooms are the least of my worries I am not sure about the rest of NC though. Looking at some of the NEWS footage that has been put on television people are more outraged about the bathroom issue than with how it can affect their employment rights as individuals or even their pay. NEWS outlets are there to report the news they do not however break down the laws that could be of importance to you. It is up to you to perform that for yourself. If you are able to understand what is written to give the information away freely and update the masses. So that they can know as well. I have researched it and I now understand it and I have the words that helped me understand it listed below in this blog post for you to see for yourself. I looked through several media outlets and the wording was different but the same content was implied. I chose the easier to read one here.

Law professor Brian Clarke had this to say:

Many have reached out to WBTV for a deeper explanation of what the law means.

“HB2 affects everyone,” said law professor Brian Clarke. Clark said if you face discrimination at work, you can no longer go straight to the courthouse and sue your employer.

“Trying to put it in normal human terms rather than in civil procedure terms – it’s much easier to file a case in state court,” Clarke said.

HB2 delivered on what state lawmakers promised.

“It creates a state-wide non-discrimination ordinance and public accommodations which we’ve never had before, which is a perfectly good thing to do,” Clarke said. “But it, of course, limits the protection categories to race, age, national origin, religion, color and biological sex to avoid any potential expansion of that in the courts.”. He goes on to say that the law goes beyond the stated goals. “Then it deals with employment, so it deals with things that are utterly unrelated to LGBT rights, to bathroom usage, to public accommodations. And it deals specifically and directly with employment,” Clarke said.

The law addresses the minimum wage, and does not allow any local government to set a minimum wage.

“The legislature took that power expressly away, so forbade any local government from raising the minimum wage beyond what federal and state law require,” Clarke said.

Clarke teaches employment law at the Charlotte School of Law after being an employment lawyer for 11 years. He says one sentence in the law was very big.

The law states, “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 on the public policy expressed herein.”

“In a very hidden way, it eliminated the ability for employees in North Carolina to file claims under state law for employment discrimination on the basis of race, sex, national origin, color and age,” Clarke said, “And that’s a right that North Carolina employees have had since 1982… and it’s gone.”

Clarke said North Carolina is now only one of two states that don’t provide these employment protections.

“Mississippi has never had a state anti-discrimination law. We had one and had one since 1977, but now we don’t anymore. The words are still in the statute book but there’s no way to enforce them,” Clarke said.

Proponents of the law point to the federal protections, but Clarke says the remedy under federal and the old state law were not the same.

“Under federal law you have 180 days to go to the EOCC [Equal Employment Opportunity Commission]. Under North Carolina law, as it existed before HB2, if you were fired based on discrimination you had three years to file that claim. You didn’t have to go to any government agency you just went and filed your claim at the courthouse,” Clarke said.

The old state law also allowed an employee to file within three years versus the federal law that state within 180 days. Also, under the federal law, Clarke explained there are caps on damages up to $300,000. The state law had no cap.

“I was a management side employment lawyer for more than a decade, and I can’t see the ‘why,'” Clarke said.

A couple of weeks ago, Representative Dan Bishop – who drafted the law – said the federal system still protects people. Governor McCrory has also said HB2 does not take away any rights.

Clarke disagrees. He told his students that the lawsuit the LGBT community has filed could only allow the courts to overturn the parts of HB2 dealing with those rights.

“Even if that lawsuit is successful, the rights taken away on the employment side of things are not going to be affected,” Clarke said. “Those are the law unless they are specifically repealed.”

North Carolina has even been poked fun at because of this law which makes the slap that was given to us by this law even greater. Comedian Trevor Noah had these comments and more to say.The Daily Show with Trevor NoahGet More: The Daily Show Full Episodes,The Daily Show on Facebook,The Daily Show Video Archive

I can’t see this law being a success. The rights being taken away on the employment side alone warrant it being quashed and re-written to properly reflect clear changes that have to do with the LGBT community only. Leave the other pieces of legislature out of this. These things should be separate and not lumped together but as I said the LGBT portion of the law was just white noise. The other was just supposed to slip in un-noticed. NC this is the real reason companies are not coming to NC not because of a bathroom law but because of discrimination and employment laws that are within this law as well. I hope we wake up and get a repeal for this law. This is crazy.

Till next post, this has been,


 

One thought on “Explanations of the implications of The New HB2 Law”

  1. This law has taken on a life of its own. The governor of NC isn’t really speaking about why he signed the bill into law, and the North Carolinians are wanting his head on a platter for doing so. It shows that he himself is trying to make strides and no-one understands why. North Carolina has lost money already behind the law being signed into action. Still it is being presented as a law that has to do with bathrooms. This law is about way more than that, it has employment implications small and large. I hope something happens to let all of us know what is happening and why.

Comments are closed.