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Does North Carolina’s “Bathroom Bill” Effectively Legalize Employment Discrimination?

May 4th, 2016

Many individuals, groups and corporations have spoken out in opposition to North Carolina’s outrageous, discriminatory “bathroom bill.” The controversial law, known as House Bill 2 (HB2) or the “Public Facilities Privacy & Security Act,” is arguably the most anti-LGBT legislation in the country. In addition to the detrimental effects this bill has on transgender individuals, it also has a significant effect on employment law and employees’ rights. HB2 effectively legalizes discrimination against employees based on race, religion, color, national origin, age, or sex.

Buried in the “bathroom bill,” which was revealed to legislators the same morning they were called to vote on it, is a clause which strips all North Carolina employees of their right to file a lawsuit against an employer who discriminates against workers based on race, religion, color, national origin, age, biological sex, or handicap. Part III, Section 422.2 declares that discrimination against employees in the aforementioned protected classes is illegal; however, Section 422.3 states that, “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.”

This clause, completely unrelated to bathroom usage, overturns long-established employment law that provided legal protection for employees in North Carolina for decades. According to HB2, it is illegal for employers to discriminate, but if they do, employees cannot sue them for it.

In Pennsylvania, employees who are subject to unlawful discrimination at work have the right to seek justice and accountability by filing a discrimination lawsuit against an employer. Deadlines for filing a claim may apply to your case; call Sidney L. Gold & Associates at 215-569-1999 or contact us online today for a free consultation with a top Philadelphia employment lawyer.

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