North Carolina recently passed a law (NC HB2, colloquially known as the “Bathroom Law”) declaring that individuals must use the bathroom that corresponds with the gender written on their birth certificate, not the gender with which they identify. The DOJ informed North Carolina Governor Pat McCrory that the state’s new law violates federal law, including Title VII of the Civil Rights Act and Title IX of the Education Acts Amendment of 1972.
Past precedence has set conflicting judgments about the issue, so Gov. McCrory and the DOJ filed separate lawsuits asking the courts to clarify the law. Due to the conflicting nature of past precedence, it is likely these cases will progress to the Supreme Court for a final ruling. The ruling will directly impact the workplace, particularly policies and procedures regarding transgender employees.
For more on this topic, please contact Jason Eisenhut at jeisenhut@employco.com.