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Local discrimination laws ramp up in North Carolina

February 2021 employment law letter
Authors: 
Richard L. Rainey, Womble Bond Dickenson (US) LLP

In 2016, North Carolina was in the national spotlight. Bruce Springsteen was canceling concerts. The NBA All-Star game was moved from Charlotte, and the NCAA and the ACC wouldn’t play their tournaments in the state. It was all because of the “bathroom bill,” also known as House Bill (HB) 2.

Bathroom bill fallout

HB 2 was prompted by the desire to overturn a Charlotte ordinance that (1) banned discrimination against LGBT people in the providing of public accommodations and (2) allowed transgender individuals to use the bathroom of their choice, but its actual scope was much wider. The bill created huge controversy and was the subject of a year-long political battle.

Ultimately, HB 2 was repealed and replaced with HB 142, a compromise. While the replacement bill repealed HB 2’s bathroom provision, it also provided that no local government could enact an ordinance regulating private employment practices or public accommodations. The latter provision was scheduled to remain in place until December 1, 2020.

Cities, counties begin to act

Now that the expiration date has come and gone, several local governments have moved ahead to establish nondiscrimination ordinances covering businesses within their jurisdictions. Ordinances have been approved in Chapel Hill, Carrboro, Hillsborough, Durham, Greensboro, and Orange County. Additionally, Charlotte has an antidiscrimination ordinance on its agenda for a future meeting.

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