N.C. Sues DOJ This Morning


North Carolina’s Governor Patrick McCrory has sued the Department of Justice this morning (5/9/2016,) seeking a declaratory judgment and injunction against the United States Department of Justice for its “…radical reinterpretation of Title VII of the Civil Rights Act of 1964 which would prevent plaintiffs from protecting the bodily privacy right of state employees while accommodating the needs of transgendered state employees.” It calls North Carolina’s H.B. 2 a “…common sense privacy p0licy…” and says the Department of Justice’s position is “…baseless and blatant overreach.”

This appears to be in response to DOJ’s Vanita Gupta’s May 4th letter, advising Governor McCrory that H.B. 2 appeared to violate Title VII and enforcement against it via 42 U.S.C. Section 2000-e(6)(a) would follow if North Carolina did not notify the DOJ by close of business on May 9, 2016 that it would not comply with nor implement H.B. 2.

The lawsuit was filed this morning (5/9/2016) in the United States District Court, Eastern District of North Carolina, Western Division.

North Carolina’s bathroom bill, as it has been dubbed, has created an international furor that has resulted in the loss of business.  Both PayPal and Deutsche Bank have scrapped expansion plans in North Carolina while the National Basketball Association says it will move the All Star Game from Charlotte if the law is not repealed.






About Lisa Smith-Butler

Associate Professor of Law Charleston School of Law 385 Meeting St., Suite 322B Charleston, S.C. 29403 843.377.2144
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