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House Bill 2

Explaining HB2 | NC’s Public Facilities and Security Act

Every North Carolinian deserves dignity, respect, and protections from discrimination, regardless of sexual orientation or gender identity. North Carolina’s so-called “Public Facilities and Security Act,” also known as HB2, instead targets the basic rights of transgender people and strips nondiscrimination protections from the state’s lesbian, gay, bisexual and transgender (LGBT) community. In addition to harms to LGBT North Carolinians, the law limits the ability of municipalities to provide living wages, closes the door on state courts as a recourse for employment nondiscrimination claims, and imposes the values of Raleigh lawmakers on local elected officials and the people they serve.

HB2 is a sweeping measure that potentially impacts all North Carolinians. What we need is a law that specifically provides greater protection for the rights of employees and the LGBT community, not one that takes away everyone’s rights. The only way to repair HB2 is to fully repeal the law and pass comprehensive nondiscrimination protections.

HB2 Strips Current and Future LGBT Protections

  • HB 2 has eliminated existing municipal non-discrimination protections for LGBT people and prevents such protections from being passed by cities and counties in the future.
  • HB2 restricts the ability for local governments to pass inclusive nondiscrimination ordinances that would protect LGBT people in employment, government contracting and public accommodations.
  • Laws such as HB2 that fail to protect all North Carolinians leaves already vulnerable segments of the population at risk for discrimination.

HB2 is a Direct Attack on Transgender North Carolinians

  • HB2 prohibits transgender people from using bathrooms that correspond with their gender identity, leaving them vulnerable to discrimination, threats, and physical violence.
  • HB2 forces transgender students in public schools to use restrooms and other facilities inconsistent with their gender identity, putting $4.5 billion dollars in federal funding at risk.
  • HB2 compels discrimination against transgender people in publicly-owned buildings, including public universities, publicly-owned airports, and publicly-owned convention centers.

Preempts the Autonomy and Values of Local Communities

  • HB2 preempts the power of local governments to protect all of their residents and pass fully-inclusive nondiscrimination protections that allow for living wages, better benefits and leave policies, and safer services and accommodations.
  • HB2 nullifies local policies that protect lesbian, gay, and transgender people, including protections from discrimination with those who contract with our cities and counties.
  • HB2 denies North Carolinians and local elected leaders the ability to shape their communities and its values. HB2 Impacts Worker Rights
  • HB2 preempts local employment ordinances governing wages, benefits, employee protections and leave policies.
  • HB2 nullifies local anti-discrimination policies and enforcement tools that protected everyone regardless of race, national origin, age, disability, gender or religion.
  • HB2 unprecedented control over local laws prevents workers from making discrimination claims in state courts, making it one of only two states—the other being Mississippi—that does not provide employees with the option of filing wrongful termination discrimination claims in state court.

Governor McCrory’s Executive Order Didn’t Make It Right

  • Gov. McCrory’s Executive Order (EO) does nothing to protect the vast majority of LGBT people in our state, and fails to undo the damage done by HB2—in fact it reiterates some of the measure’s most harmful provisions.
  • The EO affirms HB2’s provisions requiring transgender people to use bathroom facilities that correspond with the gender listed on their birth certificate in government buildings and schools.
  • The EO doesn’t change that the vast majority of LGBT people in the state still have no protections from mistreatment in their day-to-day lives, and that local governments are stripped of their power to protect these same citizens from bigotry and abuse.
  • The EO still doesn’t allow local governments to provide living wages, leave, and benefits beyond what the state allows and can do nothing more than suggest that lawmakers allow workers to seek recourse in state courts.

The only way to restore North Carolina's reputation is to repeal all of HB2 and pass comprehensive nondiscrimination protections that protect all North Carolinians from discrimination in employment, housing, and public accommodations, regardless of sexual orientation or gender identity. Contact your lawmakers now.

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